도로교통법위반(무면허운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (six million won of a fine) is too unhued.
2. The defendant has been sentenced to a fine not less than three times due to a crime of drinking or unlicensed driving.
Nevertheless, the crime of drinking and unlicensed driving of this case has been committed again.
The crime of this case is not limited to simple driving, but also caused a traffic accident which causes physical damage.
These circumstances are disadvantageous to the defendant.
However, the defendant is able to repent his mistake and not repeat his offense.
The blood alcohol concentration level at the time of driving under the influence of this case is 0.099% not high.
A traffic accident caused by drinking driving of the instant case is only a collision of parked vehicles, and such accident does not cause an injury to another person.
Such circumstances are favorable to the defendant.
In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unreasonable.
3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.