도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is not only that the defendant was punished several times due to the violation of the Road Traffic Act or the violation of the Road Traffic Act (one time a suspended sentence of imprisonment and five times a fine) in the past. In particular, on July 10, 2012, the Busan District Court was sentenced to a suspended sentence of two years in the period of imprisonment for the violation of the Road Traffic Act (one time a suspended sentence of imprisonment) at the Busan District Court on July 18, 2012, and again commits each of the instant crimes even though the judgment became final and conclusive on July 18, 2012, and it cannot be deemed that the defendant is against the law that denies the larceny crime and that it is against the law that the defendant denies it. In light of the above, the sentence imposed by the court below (two years a suspended sentence of one year for imprisonment, one million won a fine, and eight hours a community service order) is too unreasonable.
2. Even in consideration of the circumstances alleged by the judgment prosecutor, the defendant reflects the defendant, the defendant's horse, dispute with D in connection with the treatment of scrap metal in a new-name factory, and the distance from which the defendant was at the end of a new-name factory to move the cargo vehicle of the defendant who was at the end of a new-name factory to prevent any vehicle of D from drinking by 3 meters, is very short and its danger cannot be deemed to be significant. The defendant has agreed with the victim D of the larceny crime, the defendant is in the location of supporting the defendant's family, the defendant is likely to not repeat the crime, and the defendant is likely to not repeat the crime. In full view of all such circumstances as the defendant's character, character and environment, the circumstances and results of each of the crimes of this case, the circumstances after the crime, etc., the prosecutor's assertion as above cannot be deemed to be unfair since the sentence imposed by the court below is unjustifiable.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.