도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution in the imprisonment of eight months and forty hours of compliance driving) is deemed to be too uneasy and unfair.
2. However, even though there are many criminal records of the same kind as the Defendant had already been punished five times due to drinking driving, the degree of criticism is large in that the Defendant committed the instant crime.
However, in full view of all the sentencing conditions shown in the records and arguments, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too unfeasible and is not recognized as unfair, in so far as it is too unfasible in light of the following: (a) the Defendant committed the crime of this case, which did not lead to traffic accidents; (b) the blood alcohol level at the time of the crime was not high; and (c) and (d)
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.