도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
Although the Defendant had been subject to five times punishment due to drinking driving from 2001 to 2010, the Defendant again committed the instant crime.
Circumstances favorable to the defendant shall be as follows:
The Defendant recognized the instant crime and runs against the Defendant.
The defendant's blood alcohol concentration is 0.095% lower than that of the defendant.
Finally, the defendant who was punished for drinking driving is 2010 years, and the criminal record was about 7 years before the date of the crime of this case.
There is no criminal offense beyond the fine against the defendant.
In addition to the above circumstances, taking into account the character, conduct, career, environment, the background and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, the lower court’s punishment is too uneasible and unreasonable.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.