도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. At the time of the instant judgment, the Defendant’s blood alcohol concentration is relatively high, and the Defendant’s past records of punishment for the same kind of crime are disadvantageous to the Defendant.
However, the circumstances favorable to the defendant are that the defendant reflects his mistake in depth, and that the defendant has no criminal record beyond his/her fine, etc.
Considering all of the above circumstances and all of the sentencing conditions of Article 51 of the Criminal Act as seen in the records and changes in the instant case, the lower court’s punishment is too unfluent and unreasonable.
Therefore, the prosecutor's above assertion is without merit.
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 appeal is without merit. It is so decided as per Disposition.