도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.
2. Determination of the Defendant’s blood alcohol concentration is 0.154% higher than that of the Defendant, and is disadvantageous to the Defendant.
However, in full view of the fact that the Defendant committed the instant crime in depth and did not repeat the instant crime, and that it is a primary offender with no criminal history, the distance of operation of the instant case is shorter than the Defendant’s age, character and conduct, environment, etc., and all the sentencing conditions as shown in the records and pleadings, 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 as it is without merit. It is so decided as per Disposition.