도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The sentencing of the court below (two months of imprisonment and two years of suspended execution) is too unfased and unreasonable.
2. Determination
A. In light of the fact that the Defendant’s blood alcohol concentration is high and that the previous case and the previous case are several times, it is necessary to punish the Defendant solemnly.
B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was neither sentenced to imprisonment nor committed a crime, and the Defendant’s confessions against the Defendant, around June 2013, and the fact that the Defendant was involved in a traffic accident and the health condition is not good.
In addition, considering the Defendant’s age, family relation, living environment, circumstances, results, and all of the sentencing conditions indicated in the instant case, the sentence of the lower court is adequate.
3. The appeal by the prosecutor of the conclusion 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.