도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable in light of the fact that the Defendant, even in the past, has been punished several times due to the violation of the Road Traffic Act (the two times of fine and the suspension of the execution of imprisonment) and the violation of the Road Traffic Act (the two times of the suspension of the execution of imprisonment). The Defendant’s drinking at the time of the instant case, the degree of the Defendant’s drinking at the time of the instant case, etc. is not easy.
2. Taking into account the circumstances alleged by the judgment prosecutor, the following circumstances are considered: (a) the defendant is led to confession and reflect; (b) the defendant does not cause a traffic accident due to the operation of the instant case; (c) the defendant does not commit the instant crime during the period of probation; (d) the defendant’s same criminal records are prior to 2010; and (e) the defendant does not repeat again; and (e) the defendant’s character, conduct and environment of the defendant; (e) the background and result of the instant crime; and (e) the circumstances after the crime; and (e) the sentencing conditions specified in the records and arguments, etc., the sentence imposed by the court below cannot be deemed unfair
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.