도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
In light of all the sentencing conditions indicated in the records and arguments of the case, including the fact that the court below’s punishment (one year of imprisonment, two years of probation, 40 hours of order to attend school, and 80 hours of order to provide community service) is too unhued and unreasonable, but considering the fact that the defendant all of the crimes of this case are recognized, the fact that the defendant was exposed to the so-called night driving condition in which he was driven without the preceding drinking, and that the blood alcohol concentration level was relatively high, and that this case was generated in 2016 and has no specific criminal power until now since the date of this case, it is not recognized that the sentence imposed by the court below is unfair because the defendant is too unhued, considering the circumstances in which the criminal history of the same kind of crime can be taken into account.
Since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, in accordance with Article 25(1) of the Regulations on Criminal Procedure, ex officio the judgment of the court below shall be corrected to the "former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018)" in Article 16 of the Regulation on Criminal Procedure (amended by Act No. 15530, Mar. 27, 2018).