도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution in the imprisonment of eight months and forty hours of compliance driving) is deemed to be too uneasy and unfair.
2. Despite the fact that the accused has been punished four times, including the suspension of the execution of imprisonment, due to a violation of the Road Traffic Act, the level of criticism is large in that he/she drives a motor vehicle while driving his/her motor vehicle at the altitude of 0.185% in the blood of his/her second blood.
However, in light of all the sentencing conditions in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.
3. As such, the prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the application of the law of the court below to “1. Selection of punishment: Imprisonment without prison labor” is obvious that it is a clerical error, and it is corrected ex officio by adding it.)