Judgment

Although the Defendant had a record of being punished by a fine of KRW 3 million in 2012 due to drinking driving, and a fine of KRW 3 million in 2015, the criminal nature is heavy in that he/she repeatedly committed the instant drinking, with alcohol concentration of KRW 0.195% in blood.

However, ① the Defendant reflects his wrong, while leaving the vehicle to his employer and getting the bicycle to and from the company.

In full view of all the sentencing conditions such as the Defendant’s age, sex, environment, and circumstances after the crime, etc., the sentence of the lower court is too uneasible and unreasonable, in so doing, comprehensively taking account of the following: (a) the Defendant was under the influence of drinking while stopping in the parking lot (the date of the first trial of the first instance); (b) the Defendant’s control over driving while stopping in the parking lot; (c) the Defendant stated that he was under the influence of drinking and stopping in the parking lot; and (d) the Defendant’s age, sex, environment, and circumstances after committing the crime.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.