도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the punishment (two months of imprisonment, two years of suspended execution, two years of probation, and 40 hours of community service order) imposed by the court below against the defendant is too unfasible.
2. The judgment of the court below is that the blood alcohol concentration was not low at the time when the defendant was driving, and that the defendant was punished for the same kind of crime such as drinking and driving without a license up to five times (including a suspended sentence once) is disadvantageous to the defendant.
On the other hand, the fact that the defendant is recognized as all of his criminal acts, the distance of the defendant's driving is only 150 meters, and the defendant's custody is judged to have a significant impact on family life.
In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above 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.