도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (limited to four months of imprisonment, one year of suspended execution, and forty hours of attending the law-abiding class) is too unhued and unreasonable.
2. In full view of the elements of unfavorable sentencing, including the fact that the Defendant was subject to criminal punishment for driving under drinking and driving without a license several times, the Defendant committed the instant crime again, and the driving distance is not short, and the blood alcohol concentration at the time of driving of the Defendant was not higher than 0.063%, and the Defendant’s favorable sentencing factors, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and other various circumstances, which are the conditions of sentencing as indicated in the instant records and arguments, such as the circumstances after the crime, are considered unreasonable.
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.