도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is unreasonable because the original court’s punishment (one year of imprisonment, three years of suspended execution, one year of probation, one year of community service, 160 hours of order to attend lectures, 40 hours of education) is too uneased;
2. Although the Defendant could have been punished for drunk driving and unlicensed driving, the Defendant’s judgment on the grounds of appeal seems to be disadvantageous to the Defendant, the fact that the Defendant again committed the instant crime, and that the Defendant’s blood alcohol concentration at the time of drunk driving is relatively high.
On the other hand, the defendant is going to not repeat again while reflecting his or her mistake; the distance that the defendant driven is relatively short; the risk of the defendant's driving is not realized; and some of the circumstances that can be considered in the living environment of the defendant are favorable to the defendant.
In addition, considering the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, it cannot be deemed that the lower court’s punishment is too unreasonable.
Therefore, prosecutor's assertion is without merit.
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.