도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment and forty hours of lecture attendance order for compliance driving) is too uneasible and unfair.
2. Circumstances unfavorable to the judgment on the grounds of appeal: The defendant's drinking value (0.316%) is very high.
The defendant has been punished twice by a fine for the same crime.
The favorable circumstances: The defendant shows his attitude to recognize and reflect the crime of this case.
The defendant is aged.
The sentencing criteria are not set for the crimes of violation of the Road Traffic Act (driving) on various kinds of sentencing conditions, including the defendants' age, character and behavior environment, motive means of crime, results after the crime, etc., the circumstances after the crime, etc. and the records.
Considering B, it is not recognized that the sentence imposed by the court below is too unhued and unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.