도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment, and forty hours of compliance driving lectures) is too uneasy and unfair.
2. Although the Defendant had been subject to punishment twice due to driving of alcohol, he/she also leads to the instant crime, and the degree of criticism is relatively high in that the blood alcohol concentration at the time of committing the instant crime is relatively high.
However, in full view of the following factors: (a) the Defendant committed a crime against the wrong person while committing the crime; (b) the instant crime did not lead to a traffic accident; (c) the Defendant did not have a criminal record in addition to a fine; and (d) the Defendant’s age, sex behavior, environment, occupation, circumstances after the crime, etc., and all the sentencing conditions indicated in the records and arguments, the lower court’s punishment is too uneasible and unreasonable.
3. As such, 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 by the court below (Provided, That the application of the law of the court below to “1. Selection of imprisonment: Selection of imprisonment without prison labor” is obvious that it is a clerical error, and it is corrected ex officio by adding it.)