도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.
2. The judgment is an unfavorable circumstance to the defendant, such as the fact that the defendant has been punished several times due to drinking, and the defendant's values are relatively high in drinking.
On the other hand, the fact that the defendant is against the defendant's wrong recognition and there is no record of punishment exceeding the fine, etc. are favorable to the defendant.
Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, it is difficult to view that the lower court’s punishment is too uneasible 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.