도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of eight million won (a fine of eight million won) is deemed to be too unhued and unfair.
2. Determination is recognized that the Defendant already committed the instant crime during the period of a repeated crime, and that the blood alcohol concentration is higher than 0.11% in this case, where: (a) the Defendant had been subject to a total of eight times of punishment, including two times of suspended sentence of imprisonment due to drinking driving; (b) the Defendant had been subject to a total of 2 times of punishment, including one sentence due to fraud; and (c) the Defendant had been subject to a total of 18 times of punishment due to a crime
However, it is also recognized that the defendant recognized all of the crimes of this case and reflected, and agreed with the victim of the fraud crime.
In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.