도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3 million) against the Defendant is too unhued and unreasonable.
2. The Defendant committed the instant crime, even though he/she had a record of punishment for the same crime, is disadvantageous to the Defendant.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence, the Defendant’s sentence against the Defendant is too uneasible 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.