도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended sentence, 1 year of probation, 40 hours of an order to attend a compliance driving lecture) of the court below against the defendant is too uneasible and unfair.
2. In full view of the facts that the Defendant had previously been identical to the judgment in the past, the Defendant’s confession and reflects the instant crime, the fact that there was no previous criminal conviction sentenced to imprisonment, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment against the Defendant is deemed to be adequate and too unreasonable, and thus, the prosecutor’s allegation of unfair sentencing 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.