도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended execution for six months of imprisonment, one hundred and twenty hours of community service, and forty hours of lecture of compliance driving) is deemed to be too uneasible and unfair.
2. On December 16, 2016, the Defendant had already been subject to punishment for drinking driving two times, and on January 19, 2017, the Defendant committed the instant crime again on January 19, 2017, for which the Defendant had been subject to a summary order of KRW 5 million due to drinking driving on December 16, 2016, and the responsibility for the instant crime is not weak.
However, in full view of the favorable circumstances, such as the fact that the Defendant recognized and reflected the crime, the fact that there was no previous conviction other than the fine, and the overall conditions of sentencing as indicated in the records, such as the Defendant’s age, sex, environment, circumstances leading to the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.
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.