도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 160 hours of community service order) imposed by the court below on the defendant is too unhued and unreasonable.
2. On November 26, 1998, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act on November 26, 1998, and is driving under the influence of alcohol level 0.132% under the influence of alcohol level.
On July 28, 2010, a fine of 1.5 million won was sentenced, and is driving under the influence of alcohol concentration of 0.142% without obtaining a driver's license.
On April 6, 2011, while being sentenced to one year of suspended execution or 40 hours of compliance driving lecture during the period of the suspended execution on April 6, 2011, driving is under the influence of alcohol with a blood alcohol concentration of 0.136% without obtaining a driver's license again during the period of the suspended execution.
In full view of the various circumstances, even though it is not good in that the crime is committed in that the defendant has caused the instant traffic accident and has inflicted an injury on three persons, it is recognized that all the facts constituting the crime are recognized and repented, the degree of damage is not limited to two weeks, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and the victim is separately agreed with the victim, the defendant is willing not to commit any crime again by transferring his motor vehicle to another person, and other circumstances, including the defendant's age, environment, character and conduct, the process and motive leading to the instant crime, the circumstances after the crime, etc., and the circumstances after the crime, which are the conditions for sentencing as shown in the records and arguments, the prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.