도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, two years of probation, and 80 hours of social service) declared by the court below is too unhued and unreasonable.
2. The Defendant committed the instant crime with the history of having been punished several times due to drinking driving.
Blood alcohol concentration was also 0.145% higher.
However, since 2008, the Defendant did not have any record of punishment for the same crime for about six years prior to the crime of this case, and did not repeat the crime in depth.
The defendant is not a traffic accident and is responsible for the livelihood of his wife and children (high school students and middle school students).
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.