도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, three years of suspended execution, observation of protection, community service, and order to attend a lecture) is too unhued and unreasonable.
2. The crime of this case on the basis of the following facts: (a) even though the Defendant had been subject to criminal punishment twice or more due to drinking, the Defendant was under the influence of criminal punishment; (b) the quality of the crime was inferior; and (c) the blood alcohol concentration level was considerably high; (b) the Defendant reflects the Defendant’s mistake; (c) the favorable circumstances such as the Defendant’s previous conviction was committed before 2009; and (d) the Defendant’s age, sexual behavior, environment, family relationship, health status, the circumstances following the instant crime, and other various sentencing conditions shown in the records and arguments, such as the circumstances after the commission of the instant crime, do not seem to be unfair because the lower court’s punishment is too unfeasible.
The ground for appeal is without merit.
3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.