도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended execution for six months of imprisonment, 80 hours of community service, and 40 hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed unreasonable because it is too unfasible.
2. The judgment of the Defendant, even though he had the record of being punished several times due to drinking driving (including two times before and after the suspension of the execution of imprisonment, which was sentenced in 2008 and 2012), committed the instant drinking driving again.
However, in full view of the following factors: (a) the Defendant recognized the facts charged; (b) although there were criminal records of the same kind as seen earlier, this case is not a crime during the period of suspension of execution; and (c) other factors of sentencing as indicated in the record, such as the Defendant’s age, sex, environment, circumstances leading to the Defendant’s crime, and circumstances after the commission of the crime, the lower court’s sentence cannot be deemed to be unfair
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.