도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (the sentence of two years of suspended execution in the period of eight months of imprisonment, community service work 120 hours, compliance driving lectures 40 hours) is too unfford and unfair.
2. The level of criticism is high in that the Defendant already driven a vehicle in the state of 0.225% alcohol concentration in the flusing of 0.225%, despite the fact that the Defendant had been sentenced three times or more as a result of the suspension of the execution of imprisonment due to driving of alcohol.
However, in full view of the following: (a) the Defendant committed a crime in which he was committed; (b) the Defendant committed a crime that does not repeat again; (c) the instant crime does not lead to traffic accidents; and (d) and all other conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, etc., the lower court’s punishment is too unfeasible and unreasonable.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.