도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (two years after the suspension of the execution of imprisonment for six months and forty hours after the order to attend a law-abiding driving course) is deemed to be too uneasible and unfair.
2. The Defendant recognized his mistake and reflects his mistake, was driving for about five years only, and was subject to criminal punishment exceeding the fine for the same kind of crime.
In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there is no special circumstance or circumstance to change the sentencing of the lower court after the lower judgment, the lower court’s sentencing is not unfair.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.