도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The sentencing of the court below (one year of imprisonment, two years of suspended execution, two years of probation, two years of social service, 120 hours of imprisonment) is too uneasy and unreasonable.
2. Determination
A. In light of the fact that the Defendant’s blood alcohol concentration is high and that the Defendant’s blood alcohol concentration is several times before the same region, it is necessary to punish the Defendant strictly.
B. Meanwhile, there are extenuating circumstances, such as the confessioning and reflecting crimes, support for a pregnant woman who is not healthy due to catherterization and hearing impairment, and the fact that there is no sentence imposed since 2003.
In addition, considering the Defendant’s age, family relation, living environment, circumstances, results, and circumstances after the crime, the sentence of the lower court is adequate.
3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.