도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in October, and probation) is too unhued and unreasonable;
2. In light of the favorable circumstances, such as the Defendant’s previous convictions three times, the blood alcohol content is high to 0.243%, but on the other hand, the Defendant’s mistake is recognized, and the driving distance is not long, etc., the circumstances are favorable. In full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed unreasonable because it is too unreasonable, and 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 ground that it is without merit. It is so decided as per Disposition.