도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of six months, the suspension of the execution of two years, the community service order80 hours, the order to attend a law enforcement lecture) is too uneasible and unreasonable.
2. The judgment that the defendant has been punished several times for the same crime is disadvantageous to the defendant.
However, the fact that the defendant recognizes his mistake, and that there is no record of punishment beyond the fine, etc. are favorable to the defendant.
Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.
Therefore, the prosecutor's above assertion is without merit.
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.