도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of six months, the suspension of the execution of two years, and the suspension of the execution of forty hours) is too uneasible and unfair.
2. Although the Defendant committed again the instant crime even though he/she had been fined two times or more due to drinking driving in the past two years, there was no unfavorable circumstance against the Defendant. However, considering the circumstances favorable to the Defendant, including the fact that the Defendant recognized his/her mistake and reflects the Defendant, and that there was no record of criminal punishment other than the fine on the two occasions, the Defendant’s son does not have any other force, as well as other circumstances that form the conditions for sentencing as shown in the pleadings, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime, it is difficult to evaluate that the lower court’s punishment, even though the enforcement was suspended, is too uneasy and unfair.
Therefore, prosecutor's argument cannot be accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.