도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (the imprisonment for seven months, the suspension of execution for two years, the observation of protection, the order to attend a law-abiding lecture for forty hours, the order to provide community service for eight hours) is too unfluent and unreasonable.
2. Determination feet, the fact that the Defendant’s blood alcohol concentration is considerably high, and the fact that the Defendant’s blood was punished on two occasions is disadvantageous.
However, comprehensively taking account of the following: (a) the Defendant recognized the instant crime; (b) sold his/her vehicle to a third party; (c) sold his/her vehicle to a third party; (d) there is no record of punishment exceeding the fine; and (e) there is no change in the sentencing conditions as compared with the lower court’s judgment; and (c) there is no particular change in the sentencing conditions, the lower court’s punishment is too uneasible and it is not deemed unfair
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.