도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, two years of suspended sentence, two years of probation, two years of community service order, 200 hours of community service order, and 40 hours of order to attend a compliance driving lecture) is too uneasible and unreasonable.
2. The judgment of the court below is relatively high compared to 0.063% of the blood alcohol concentration of the defendant; although the defendant had the same sentence and the suspended sentence, the defendant had been a relatively old previous criminal record; the defendant has a depth of his mistake; in consideration of the defendant's age, character and conduct, family environment, motive, means, method and consequence leading to the crime of this case; and all of the sentencing conditions indicated in the records and arguments of this case, such as the circumstances before and after the crime, etc., the defendant's punishment cannot be deemed to be unfair because it is too unreasonable. Thus, the prosecutor's assertion cannot be accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.