도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and forty hours of compliance driving) is too uncomfortable and unfair.
2. It is recognized that the defendant has many records of punishment for the same crime, and that the defendant's blood alcohol concentration at the time of driving under the influence of alcohol in this case is not lower than 0.089%.
However, in full view of the following circumstances: (a) the Defendant recognized the facts charged in the instant case; (b) the Defendant did not repeat the instant case; and (c) the Defendant’s age, environment, occupation, family relationship; (d) background leading to the instant crime; and (e) circumstances leading to the instant crime; and (e) circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed unreasonable.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.