도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution in prison for eight months, and one hundred and twenty hours of community service) is too unfluent and unfair.
2. Although the Defendant had been already subject to three times or punishment due to driving under drinking, he/she was driving without a license for driving under drinking or without a license for driving without a license, and the degree of criticism is high in that he/she was driving without a license for driving under drinking or without a license for driving without a license for driving at the same time.
However, in full view of the following factors: (a) the Defendant committed a crime; (b) the blood alcohol level at the time of the commission of the crime did not exceed 0.079%; and (c) each of the instant crimes did not lead to traffic accidents; (b) the Defendant did not have any previous conviction; and (c) the Defendant’s age, sexual conduct, environment, occupation, and circumstances after the commission of the crime; and (d) the sentencing conditions indicated in the records and arguments, such as the Defendant’s age, sex, occupation, and circumstances after the commission of the crime, the lower court’
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.