도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (two years of suspended execution for one year, probation for one year, community service order of 120 hours, and order of 40 hours) is too uneased and unreasonable;
2. In light of the fact that the Defendant had been subject to punishment several times due to drinking driving, unlicensed driving, etc. in the past, and the Defendant repeated the pertinent drinking driving, etc., the Defendant’s liability is not less than the Defendant’s punishment. However, the Defendant’s confession of the instant crime and did not repeat the instant crime in light of his depth. The Defendant’s blood alcohol concentration at the time does not significantly increase and did not cause an accident due to the instant crime; the Defendant did not have any record of being sentenced to a fine more severe than the fine after being sentenced to a suspended sentence for driving in around 2008; and the Defendant’s age, character and behavior, intelligence and environment, motive and circumstance of the instant crime, circumstances after the instant crime, etc. do not seem to be unreasonable, and the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.