도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of compliance driving curriculum) is too uncomfortable and unfair.
2. Determination
A. It is recognized that the Defendant had the records of punishment several times due to the same crime (three-time driving without a license, two-time driving without a license), and the drinking driving may lead to a serious accident that may lead to the life of another person.
B. However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the lower court is too uneasible and unreasonable, in view of the following: (a) the Defendant’s blood alcohol content in the instant case is not the higher level than 0.07%; (b) the wife and her children support the wife and her children; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc.
C. Therefore, 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 on the ground that it is without merit. It is so decided as per Disposition.