도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant driven a vehicle while under the influence of alcohol 0.105% without a vehicle driver’s license, and the case is not less than that of the Defendant, and the Defendant was punished five times due to a drunk driving or without a driver’s license. In light of the fact that the Defendant was punished for a fine of five times in the past, the sentence (the fine of four million won) imposed by the lower court is too unreasonable.
2. Even considering the circumstances alleged by the prosecutor in the judgment, considering the following: (a) the confession and rebuttal of the defendant; (b) the operation of the defendant in this case does not cause an accident; (c) the four times of the above punishment records of the defendant was previous 2003; and (d) the defendant does not repeat the crime; and (c) other circumstances that form the conditions for sentencing as shown in the records and arguments, such as the character, conduct and environment of the defendant; (d) the background and consequence of the crime in this case; and (e) the circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed unfair
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.