도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment) is too unhued and unreasonable.
2. The fact that the defendant, even though he/she was punished several times for the same crime, once again commits the crime of drinking in this case is disadvantageous.
On the other hand, the fact that the defendant recognizes and reflects his mistake is favorable.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.