도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment without prison labor, two years of suspended execution, and forty hours of order to attend a compliance driving) is too uneasible and unfair.
2. The judgment that the Defendant had been punished several times due to the crime of drinking driving, and that the Defendant’s blood alcohol concentration in the blood of the Defendant at the time of the instant case is relatively high is disadvantageous to the Defendant.
On the other hand, the fact that the defendant is against the defendant's wrong recognition and there is no record of punishment exceeding the fine, etc. are favorable to the defendant.
Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.
Therefore, the prosecutor's above assertion is without merit.
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.