도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (a fine of 6 million won) is too unhued so far as the gist of the grounds for appeal is unreasonable.
2. Determination
A. In light of the fact that the Defendant committed the instant crime even though the Defendant’s blood alcohol concentration was high and that the previous and previous departments were twice, and that the instant crime caused the instant traffic accident, it is necessary to strictly punish the Defendant.
B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant is not subject to the sentence, the confession and reflects the crime, and the suspension of the execution of imprisonment or a heavier punishment becomes final and conclusive, making it difficult for the Defendant to serve in the labor force
In addition, considering the Defendant’s age, family relation, living environment, circumstances, results, and all of the sentencing conditions indicated in the instant case, the sentence of the lower court is adequate.
3. The appeal by the prosecutor of the conclusion 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.