도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unhued and unreasonable.
2. In light of all sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, environment, background and consequence of the instant crime, etc., the lower court’s punishment is deemed to be too unjustifiable and unreasonable, and the Prosecutor’s aforementioned assertion is without merit, given that the Defendant had had the record of being punished twice due to drunk driving and three times without license, etc., but the Defendant appears to have recognized and reflected the instant crime, and the blood alcohol content at the time of driving of the instant case was not relatively higher than 0.087%.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.