도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. In light of various sentencing conditions in light of the gist of the grounds for appeal, the lower court’s punishment (two million won in penalty) is too unfluent and unreasonable.
2. As to the grounds of appeal, the Defendant had a record of being sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in 2008, and the driving of drinking alcohol is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment as to the crime of this case. However, the Defendant recognized and closely reflects the criminal act of this case, there are some circumstances that may be taken into account as to the circumstances leading to driving of drinking alcohol of this case, and other various circumstances that form the conditions for sentencing as indicated in the records and the theory of changes, such as the Defendant’s age, sexual behavior, home environment, and conditions after the crime. In full view of these various circumstances, the sentence imposed by the lower court is too weak.
shall not be deemed to exist.
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.