도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal lies in the past that the Defendant has been punished several times for the violation of the Road Traffic Act and the violation of the Road Traffic Act (eight times for a fine). On June 27, 2012, the Defendant was sentenced to two years of suspension of execution on July 5, 2012 as he/she was sentenced to two years of suspension of execution due to occupational embezzlement in the Changwon District Court's Jinju Branch branch, which became final and conclusive on July 5, 2012, and is currently under suspension of execution. In particular, the Defendant is under suspension of execution on April 22, 2013.
In light of the fact that it was discovered that the above court was charged with the violation of the Road Traffic Act (driving on May 30, 2013) and the violation of the Road Traffic Act (Driving without a license) and again repeated the driving of the instant drinking and without a license, etc., the sentence of the court below (fine 5 million won) is deemed unreasonable.
2. Even when considering the circumstances alleged by the prosecutor in the judgment, considering all the circumstances, such as the confession and rebuttal of the defendant, the defendant is waiting for divorce with his wife, the defendant is in the position to support his two children, the defendant is under the suspension of execution, but the defendant is still under the suspension of execution, and other circumstances, such as the defendant's character and conduct and environment, the background and result of the crime in this case, the circumstances after the crime, etc., are considered, it cannot be deemed that the sentence imposed by the court below is unreasonable, and therefore the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.