도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to eight months of imprisonment, three years of suspended execution, three years of probation, and 120 hours of community service order) declared by the court below is too unhued and unreasonable.
2. The Defendant had been punished several times for the same kind of case, including one time of suspended execution, and again committed the instant crime even during the period of suspended execution.
The defendant's blood alcohol concentration was higher than 0.176%, and it is recognized that the defendant's strict punishment is needed due to traffic accidents.
However, the defendant did not repeat the crime of this case in a profound proportion to the error of the crime of this case.
It is also recognized that there is no history of criminal punishment exceeding the probation, and that there is also no economic situation.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.