도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year of suspended sentence of six months, 40 hours of community service, and 40 hours of lecture in compliance driving) by the lower court is deemed to be too uneasible and unfair.
2. Determination is recognized that the Defendant has a record of having been punished several times due to drinking driving, and that the blood alcohol concentration in blood is 0.184% and the numerical value is very rough and high.
However, considering the following factors: (a) the Defendant, who led to the confession of all crimes, committed a crime, and committed a misunderstandings; (b) there is no history of punishment heavier than the fine; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes; and (d) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unfair
Therefore, prosecutor's 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.