도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the sentence imposed by the lower court (two years of imprisonment with prison labor for a period of ten months suspension; 80 hours of community service order; 40 hours of order to attend a law-abiding driving lecture; 40 hours of order to attend a alcohol treatment lecture; 40 hours of order to attend a law-abiding lecture; and 40 hours of order to attend a violence treatment lecture) is too un
2. Determination of each of the instant crimes is acknowledged that: (a) the Defendant discovered a drinking control site while driving a motor vehicle while leaving the motor vehicle at a one-lane and attempted the police officer to take a drinking test, and assaulting the police officer to interfere with the performance of official duties; (b) thereby causing an injury to the police officer; and (c) the Defendant has been punished several times due to drinking driving; and (d) the charge is very heavy; and (c) the Defendant has been punished for a suspended sentence.
However, considering all of the sentencing conditions stated in the pleadings of the instant case, such as the fact that the Defendant made a confession of all the crimes and received a mental therapy due to a disease such as a decentralization disorder, etc., the fact that the Defendant agreed with the victimized police officers, drinking level (0.074% alcohol level during blood transfusion), and the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the instant crimes, and the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's 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.