도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.
2. The facts that the defendant had been punished several times for the same crime, and that the defendant committed the crime of this case even though he was sentenced to a suspended sentence of one year due to a violation of the Road Traffic Act by imprisonment with prison labor for a violation of the Road Traffic Act and was sentenced to a fine for a limited term of two years, the crime of this case is disadvantageous to the defendant.
On the other hand, since the crime of this case was committed, one's mistake is divided and reflected, and that the defendant has no record of having been sentenced to punishment is favorable to the defendant.
In addition, when comprehensively considering the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime, the lower court’s punishment cannot be deemed unfair because it is too unfasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.