도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.
2. The crime of this case is a case in which the defendant is driving alcohol, and the nature of the crime is not less than that of the defendant, and the blood alcohol concentration level at the time of detection is very high to 0.266%, and the driving of drinking is a crime that may cause serious harm to the life and property of others, and thus, it is necessary to strictly punish the defendant.
On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that there is no past history of criminal punishment or criminal punishment heavier than fine for the same crime, and that the defendant will not repeat again.
It is hard to say that it is favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
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.