도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of suspended execution, one year of protection observation, 80 hours of community service order, and 40 hours of lectures for treatment of alcohol addiction), which is unreasonable as it is too unfasible to the gist of the grounds for appeal.
2. The defendant has twice a previous conviction of the same kind of drinking.
However, there is no history of punishment exceeding a fine, and the defendant reflects the wrong.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.
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.