도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended sentence, 120 hours of community service work, and 40 hours of a compliance driving lecture) of the court below against the defendant is too uneasible and unfair.
2. The judgment of the defendant is that the defendant was driven under the blood alcohol concentration (0.161%) with a high blood alcohol concentration, the damage caused by traffic accidents is not recovered, the suspension of execution is one time due to drunk driving, three times of a fine, and one time of a fine for traffic-related crimes, and the defendant was sentenced to a fine. The defendant committed the crime of this case in spite of the fact that he was sentenced one time to a sentence for the crime of this case, one time of a suspended execution, and three times of
However, the defendant led to the crime of this case and reflects his mistake, the distance of drunk driving is too shorter than 3 meters, and the vehicle was driven upon the demand that the vehicle parked while under the influence of alcohol be moved to another vehicle. Thus, the circumstances that can be considered in the motive are favorable to the defendant.
In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.