Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the punishment of imprisonment with prison labor for eight months, two years of suspended sentence, two years of probation, community service order 160 hours, and 40 hours of the compliance driving lecture, which the court below sentenced to the defendant, is too uneasible.
2. The crime of this case is acknowledged in the following circumstances: (a) the Defendant driven a car while under the influence of alcohol 0.113% by blood alcohol level; (b) the Defendant’s driving of the car in light of the Defendant’s driving level or the risk of drunk driving; and (c) the Defendant committed the instant crime until the Defendant caused a traffic accident shocking the taxi during the commission of the instant crime.
However, in full view of the following circumstances: (a) the Defendant has a depth of his mistake; (b) even though there was a history of being sentenced to a suspended sentence of two times for the same crime, there was no history of punishment for the same crime since 2009; (c) the degree of damage caused by the said traffic accident is minor; and (d) the repair cost was fully paid; and (c) other circumstances that form the conditions for the sentencing indicated in the record, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant crimes, and conditions before and after the instant crimes, the lower court’s sentence is too unjustifiable and unreasonable.
Therefore, 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 as it is without merit. It is so decided as per Disposition.