도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) that the court below sentenced (two years of imprisonment with prison labor for eight months and two years of suspended execution) is unreasonable.
2. The judgment is that the Defendant driving the vehicle in the state of exploitation from which the blood alcohol concentration ratio is up to 0.254%, resulting in physical damage to the Defendant’s driver’s vehicle that gets recovered and damaged the street light control apparatus, and even though there was a previous conviction of a fine sentenced due to the violation of the Road Traffic Act, it is disadvantageous that the Defendant again committed the instant crime.
However, in full view of the following factors: (a) the Defendant reflects the instant crime; (b) there is no previous conviction sentenced to a suspended sentence or heavier punishment for the same kind of crime in the past; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, it
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.