도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended sentence for eight months of imprisonment, one hundred and sixty hours of community service, and forty hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.
2. Determination is based on the following facts: (a) the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) on or around February 2014; (b) a fine of KRW 1 million due to a violation of the Road Traffic Act (dacting driving) around November 2014; (c) a fine of KRW 4 million due to a violation of the Road Traffic Act (dacting driving); and (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (dacting driving) around October 2015; and (e) a fine of KRW 1.5 million due to a violation of the Road Traffic Act (dacting driving) around July 24, 2016; and (e) a fine of KRW 1.5 million was committed again on August 24, 2016; and therefore, (e) the Defendant’s severe punishment is highly needed.
However, the defendant's mistake is divided, and the defendant again does not stop driving or driving without a license.
In full view of the following facts: (a) there is no criminal record exceeding the fine imposed on the Defendant; (b) the court below ordered the Defendant to provide community service and undergo education together with the suspension of the execution of imprisonment with prison labor; and (c) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., it is deemed that the lower court’s punishment is too uneasible,
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.