도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is unfair because the punishment (for six months of imprisonment, two years of suspended execution, and 40 hours of lecture of compliance driving) is too uneasible.
Judgment
Although the Defendant driven under the influence of alcohol level of 0.138% while blood, while driving under the influence of alcohol in 205, 201, and 2016, despite the fact that he/she was punished by a fine in 2005, 201, and 2016, he/she was under the influence of alcohol and without a license to drive under the influence of alcohol in this case.
In particular, the Defendant, while driving a alcohol level of 0.142% on November 8, 2015, was subject to a summary order of KRW 4 million on January 11, 2016, even if he/she was subject to a summary order of KRW 4 million on August 20, 2016, there is a high need for punishment by repeating again within the short period on August 20, 2016.
However, in full view of the following circumstances: (a) the Defendant is against himself; and (b) the Defendant appears to have been trying not to repeat a crime by selling a vehicle recently (Reference Materials as of May 25, 2017); and (c) other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s sentence cannot be deemed unfair because it is too unobcied.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.