도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (including six months of imprisonment and two years of suspended sentence, etc.) is too uneasy and unreasonable.
2. Determination of the crime of this case is a case in which the defendant, who has been punished twice or more due to drinking driving, once or more, once again drives drinking, and the nature of the crime is not less severe; the defendant has already been subject to criminal punishment three times due to the same crime; the alcohol concentration level in the blood was relatively high by 0.132% at the time of detection; and the driving of drinking is a crime that may cause serious danger to the life and property of another person as well as himself/herself, and thus, it is necessary to strictly punish the defendant.
On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no past record of criminal punishment heavier than a fine, the distance of drinking driving is relatively short of 50 meters, and 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, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment 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 as it is without merit. It is so decided as per Disposition.