도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) considering the fact that the Defendant, who has been punished several times due to the violation of the Road Traffic Act due to a non-exclusive license for drinking and driving without a license, repeats his/her driving without a license in the state of drinking alcohol concentration of 0.250% and 0.21%; and (b) there is a social consensus on the need for the strict punishment of drinking driving; and (c) considering the fact that there is a social consensus on the need for the strict punishment of drinking driving, the punishment of the lower court (one year and two years of imprisonment, probation, probation, education, and community service) is unreasonable.
2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently considered when determining the punishment in the original instance. The Defendant was committed each of the crimes in this case, and there is no record that the Defendant was punished in excess of the fine, and there is no record that the Defendant was punished in excess of the fine, as well as other various sentencing factors in this case, such as the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s sentencing judgment cannot be deemed to have exceeded the reasonable scope of discretion because it is too unafford.
3. In conclusion, 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.