도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (two months of imprisonment, two years of suspended sentence, and forty hours of probation and compliance driving) is unreasonable.
2. In full view of the various circumstances, including the Defendant’s age, environment, character and conduct, motive leading to the instant crime, motive leading to the instant crime, circumstance before and after the instant crime, etc., the lower court’s sentence is too unjustifiable, and thus, is not deemed unreasonable, considering the following factors: (a) the Defendant’s blood alcohol content was higher than 0.193% at the time of the instant crime; (b) even though it is recognized that there was a large number of criminal records; (c) the Defendant committed a crime; (d) the Defendant is not subject to a fine, except for a suspended sentence imposed once on the same kind of criminal records; and (e) the Defendant is a disabled person with a delay disability 3; and (e) the instant crime does not cause a traffic accident.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.