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 40 hours, compliance driving lectures for forty hours) is deemed to be too uneasy and unfair.
2. Although the Defendant had already been punished three times due to drinking driving, he drives a vehicle with a high alcohol level of 0.145% without a driver's license at the same time, and the crime of this case may lead to a traffic accident involving the Defendant’s signal waiting vehicle and the detection during the course of its treatment, which may lead to a large number of accidents. This is not the case where the Defendant’s liability is less.
However, in full view of the following: (a) the Defendant committed a crime against the wrong person while committing a crime; (b) the Defendant did not have a criminal record in addition to a fine; and (c) the Defendant’s age, sex, environment, occupation, and circumstances after committing a crime; and (d) the sentencing conditions as shown in the arguments and arguments, the lower court’s punishment is too unflu
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.