도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.
2. When the Defendant was sentenced to a suspended sentence due to driving under the influence of alcohol, etc. in 2008 and 2012, he/she was sentenced to a six-month sentence due to driving under the influence of alcohol or without a license in 2013, and he/she was sentenced to a previous conviction of a fine due to driving under the influence of alcohol.
However, the defendant is dissatisfied with the facts charged, and the defendant was detained in the instant case, and there was an opportunity to reflect on his/her living for about two months during his/her detention.
In addition, the alcohol concentration among the blood of this case is not relatively high as 0.073%.
In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is deemed as unfortunate and unreasonable.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.