도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The court below's decision on the grounds of appeal by the prosecutor is improper because it is too unfasible to the punishment (five million won of a fine).
2. In full view of all the circumstances revealed in the arguments in this case, including the Defendant’s age, character and conduct, character and environment, motive, means and consequence of the instant crime, etc., even though it is not good to commit the instant crime, the Prosecutor’s above assertion is without merit, since it is deemed that the lower court’s punishment is too unreasonable, in light of the following: (a) the Defendant led to the confession of the instant crime and reflects the mistake; and (b) the Defendant has no record of punishment for the same kind of crime since March 2010; and (c) the Defendant
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.