도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
The main point of the grounds for appeal is that the lower court’s punishment (amounting to eight million won) is unfair because it is too unfilled (the prosecutor expressed his opinion that the Defendant should be sentenced to one year of imprisonment with prison labor and two years of suspended execution). It is recognized that the Defendant was punished four times by driving under influence of alcohol and twice by driving without obtaining a license.
However, the defendant's blood alcohol concentration is lower than 0.065%, the distance of driving is shorter than 300 meters, the accident occurred while driving, and the defendant has no record of punishment exceeding the fine.
In addition, in full view of various circumstances that form the conditions for sentencing as shown in the records and theories of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.
Therefore, the prosecutor's improper argument of sentencing is not accepted.
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.