도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (the sentence of two years of suspended execution for six months of imprisonment, community service, 120 hours, and 40 hours of compliance driving) is too unfford and unfair.
2. Despite the fact that the Defendant had been already subject to three times or punishment due to driving of alcohol, the level of criticism is high in that he drives a vehicle with a high alcohol level of 0.149% in blood without a driver's license in the case of driving the vehicle.
However, in full view of all the sentencing conditions indicated in the records and pleadings, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the sentence of the court below is too unfeasible and unreasonable, in light of the following: (a) the Defendant committed the crime; (b) the Defendant did not repeat the crime again while disposing of the vehicle used for the crime; (c) the Defendant did not have any previous conviction in addition to the fine; (d) the instant crime did not lead to traffic accidents; and (e) the Defendant’s age, sexual behavior
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.