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인천지방법원 2020.07.24 2019노3860

The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, community service hours and 80 hours, and 40 hours in the course of compliance driving) that the court below sentenced to the defendant is unreasonable.

2. The judgment of the defendant, even though he had the record of punishment for drunk driving, re-driving of the instant case, and the defendant committed a crime without a license while being tried due to drinking driving of the instant case, is disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant showed the attitude of recognizing and reflecting the crime of this case, that the blood alcohol concentration of the defendant was relatively high by 0.059%, that there was no criminal record exceeding the fine of the defendant, that there was no criminal record exceeding the fine of the defendant, and that the criminal record of the defendant's last drinking was 2014

In addition, considering the various sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, even if considering the circumstances alleged by the prosecutor as the grounds for appeal, the lower court’s sentence is too unjustifiable and unreasonable.

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.