도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment and forty hours of an order to attend a compliance driving lecture) that the court below sentenced the defendant is too uneasible and unfair.
2. The judgment of the defendant has already been sentenced to a total of three times of a fine due to drunk driving, the blood alcohol concentration in this case is 0.132%, and the drinking driving is likely to cause serious harm to the life and body of others as well as himself/herself, and the revised Road Traffic Act is recognized to strengthen criminal punishment by raising the statutory penalty for it.
However, it is also recognized that the defendant recognized the crime of this case and reflects it, there is no previous conviction exceeding the fine, and the family members of the defendant want to have the wife.
In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.