도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to 8 months of imprisonment, 2 years of suspended execution, 40 hours of compliance driving lectures and alcohol treatment lectures) that the court below pronounced is too unfasible and unfair.
2. The Defendant has a record of criminal punishment on several occasions, including the punishment of a fine twice due to drinking and driving without a license, around 2011.
At the time of the crime of this case, the blood alcohol concentration of the defendant was very high to 0.205%, and the traffic accident occurred.
However, the defendant has not committed a second offense in depth while committing a crime.
The traffic accident occurred at the time was merely a minor contact accident to the extent that there is a little trace of masting on the front part of the damaged vehicle, and the victim also stated in the investigative agency that "no damage is inflicted and the defendant does not want to be punished."
In light of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., and all the sentencing conditions revealed in the pleading, the sentence imposed by the lower court cannot be deemed unfair because the sentence is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.