도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (the sentence of two years of suspended execution for six months of imprisonment, community service 80 hours, compliance driving lectures for 40 hours) is too uneased and unfair.
2. Despite the fact that the Defendant had been already subject to four times or punishment due to driving of alcohol, he drives a vehicle with a high alcohol level of 0.148% in blood without a driver's license at the same time, and the crime of this case is likely to result in an accident that the Defendant caused a shock of steel pents and steel bars and structures, resulting in a large accident.
However, in full view of the fact that the defendant committed a crime and is going against the wrongness while committing a crime, and that the defendant does not repeat again, and all of the sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, occupation, and circumstances after committing a crime, the sentence of the court below is too unfasible and it is not recognized that the sentence of the court below is unfair.
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.