도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (six million won of a fine) is too unhued.
2. The Defendant committed the instant crime even though he/she had the record of punishment for drinking driving once, and the fact that he/she had a high blood alcohol level at the time is disadvantageous to the Defendant.
On the other hand, the fact that the previous punishment power of the defendant for drunk driving was 2011 is favorable to the defendant.
In addition, the Prosecutor’s assertion is not acceptable on the ground that the sentence of the lower court is too unjustifiable and unreasonable, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, and the circumstances after the crime.
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.