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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, three years of suspended sentence, two-eight hours of social service, and forty hours of attending the compliance driving course) is too unfunied and unreasonable;
2. The judgment under the influence of alcohol is a very dangerous crime that may cause unexpected behaviors to the life and home of others as well as to itself by raising the possibility of traffic accidents, and is in need of strict punishment, and the defendant caused an accident that the defendant's vehicle takes over by shocking the signal control apparatus installed on the road while driving in the condition of 0.204 percent of blood alcohol alcohol level while driving in the condition of 0.204 percent. The defendant was absent first at the sentencing date of the court below, and the defendant was issued a summary order of KRW 3 million by the Jeonju District Court on November 23, 2015.
However, the circumstances are favorable to the defendant, such as the fact that the defendant is divided into and reflected in his/her criminal act, the distance of the defendant's operation of his/her motor vehicle to his/her driving condition is about 1 km, and no personal damage has occurred due to an accident that occurred in the process, and that the defendant has no record of criminal punishment except punishment for one time as above.
In addition, in full view of the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below cannot be deemed to be too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
[However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, Article 148-2 (1) 1 of the Road Traffic Act "Article 148-2 (1) of the Road Traffic Act" of the second 13th of the judgment of the court below shall be corrected by "Article 148-2