도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
The main point of the grounds for appeal is that the lower court’s punishment (amounting to five million won) is unfair because it is too unfilled (the prosecutor expressed his opinion that the Defendant should be sentenced to two years of suspended sentence by imprisonment for one year). It is recognized that the Defendant’s blood alcohol concentration in the blood of the Defendant is higher than 0.159%, and that the Defendant was punished for drinking driving in 198, 2005 and 2006.
However, there is no criminal punishment exceeding a fine, there is no record of being punished for a crime for at least nine years since 2006, and there was no accident due to the operation of the defendant.
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.