도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. In light of the prosecutor’s gist of the grounds of appeal (e.g., the two-dimensional) that the defendant had the same criminal history six times and that the defendant’s blood alcohol concentration is relatively high, the court below’s sentence that sentenced three years of suspended execution of imprisonment for one year, two years of probation, two years of social service, 120 hours of social service, and 40 hours of the law-abiding driving lecture is too uneasible
2. However, considering the motive and background leading to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, environment, etc., including the confession of the instant facts charged, the Defendant’s conviction cannot be deemed to be unfair, even if considering the circumstances alleged in the grounds for appeal, given that the lower court’s punishment cannot be deemed to be excessive, and thus, the aforementioned assertion is without merit.
3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.