도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, the order to attend a law-abiding driving 40 hours, the community service order of 160 hours) is too uneased and unreasonable.
2. Although there were the history of punishment for the crime of refusal to measure alcohol or non-licensed driving, each of the instant crimes was repeated during the suspension period of the execution of imprisonment for the crime of this type, and the fact that the blood alcohol concentration of the Defendant was not lowered at the time of each of the instant crimes, etc., which are favorable to the Defendant, such as the Defendant’s unfavorable circumstances, or the Defendant’s violation, and the driving distance at the time of each of the instant crimes, and the circumstances favorable to the Defendant, such as the Defendant’s age, occupation, sex, sex, environment, family relationship, motive and circumstance of the crime, etc., it is difficult to view that the lower court’s punishment is unfair because it is too small, considering the sentencing conditions indicated in the record, such as the Defendant
Therefore, the prosecutor's above 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.