도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (two years of suspended sentence of eight months, community service hours, and forty hours of lecture of compliance driving) on the gist of the grounds of appeal is unreasonable because it is too uneasible.
2. The blood alcohol concentration at the time of driving under the influence of alcohol exceeds 0.2%.
However, the defendant has no record of the same crime except for a person who has been sentenced to a summary order of a fine of two million won in 2009 or a fine of two million won in 2015 due to drinking driving.
In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.