도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (three years of suspended sentence for one year of imprisonment, two-four hours of community service order, and forty hours of order to attend a compliance driving) is too uneasy and unreasonable.
2. There is a need to strictly punish the defendant who renders drinking again even after he/she has been punished for driving drinking on several occasions.
However, in full view of the following factors: (a) the Defendant’s mistake reflects the Defendant’s depth, and thus, would not drive drinking again; (b) is in a condition to support the mother; (c) is not causing a traffic accident; and (d) other various sentencing conditions specified in the argument in the instant case, such as the circumstances after the commission of the instant crime; (b) the circumstances after the commission of the instant crime; and (c) the Defendant’s age, sexual conduct, and environment, the 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.