도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the punishment of six months of imprisonment, two years of suspended execution, and 80 hours of community service, which the court below sentenced against the defendant, is too uneased.
2. Determination of each of the instant crimes is acknowledged as follows: (a) the Defendant driven a motor vehicle while under the influence of alcohol with 0.19% alcohol concentration; (b) obstructed the performance of official duties by assaulting the victim C, a police officer controlling this, and inflicted injury on the said victim at the same time; (c) obstructed the performance of official duties by assaulting the Defendant, who arrested the said C as a flagrant offender, thereby obstructing the performance of official duties; and (d) in light of the blood alcohol concentration and the circumstances leading up to the crime, etc., the issue is not somewhat weak; and (e) there was a record of punishment for drinking and
However, in full view of the following circumstances: (a) the Defendant recognized each of the instant crimes, thereby against his mistake; (b) the degree of damage is relatively minor; (c) there was no record of having been punished for obstruction of performance of official duties or for the crime of bodily injury; and (d) the lower court appears to have determined the Defendant’s punishment by taking account of various circumstances; and (b) other circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant crimes; and (c) the circumstances after the commission of the
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 as it is without merit. It is so decided as per Disposition.