교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of 2.5 million won) declared by the lower court is too unhued and unreasonable.
2. The case where the Defendant was involved in driving while driving under the blood alcohol concentration of 0.230% is serious.
However, there is no history of criminal punishment as well as the suspension of indictment in 2006, and the degree of damage is relatively minor, and the motorcycle of this case is subscribed to liability insurance.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
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.