도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two months of imprisonment, two years of suspended execution, and forty hours of each order to provide community service and to attend a law-abiding lecture) is deemed too unhued and unreasonable.
2. The fact that there was a history of punishment for the same kind of crime is disadvantageous to the defendant.
On the other hand, considering the favorable circumstances that the defendant reflects the crime and has no record of punishment exceeding the fine, and the sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, environment, and circumstances after the crime, it is difficult to view that the court below's punishment is too unfeasible and unfair.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.