도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is that the Defendant is driving a motor vehicle under the influence of alcohol 0.109% again even if he had already been under the influence of alcohol twice or more, and the case is not less than that of this case. In light of the purport of the amended Road Traffic Act, which is a crime that may cause damage not only to himself but also to another person's life and body, and requires a strict punishment in accordance with the purport of the amended Road Traffic Act, the punishment of the court below (4 million won of a fine) is unfair.
2. Even when considering the above circumstances alleged by the public prosecutor in light of the facts alleged by the public prosecutor, the defendant is led to confession and reflect; the defendant does not have an accident due to the driving of the motor vehicle in this case; the defendant is at the location to support the two children of the married minor; the defendant's drinking and unlicensed driving power is before 2009; the defendant is expected not to repeat again; the defendant's character, conduct and environment of the defendant; the defendant's character, conduct and consequence of the crime in this case; the circumstances after the crime in this case; and the conditions of sentencing as shown in the records and arguments, it cannot be deemed unfair since the sentence imposed by the court below is unscheduled. Thus, the prosecutor's allegation above is without merit.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.