도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.
2. The Defendant committed the instant crime, even though he/she had been punished by a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) on July 6, 2015, and on July 30, 2015, by a fine of KRW 1 million due to a violation of the Road Traffic Act (drawing driving) on July 30, 2015, is disadvantageous to the Defendant.
However, the Defendant is recognized as committing the instant crime, and there is no record of the crime subject to a suspended sentence or heavier punishment, and the blood alcohol concentration at the time of committing the instant crime is not higher than 0.065%, and the Defendant would not drive the instant crime again, such as the disposal of the vehicle, etc.
It is favorable to the defendant.
In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.
3. 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. It is so decided as per Disposition.