도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is as follows: (a) the Defendant, who has been punished for a violation of the Road Traffic Act due to a drunk driving, such as this case, was driving in the state of drinking alcohol concentration of 0.220%; and (b) the risk of re-offending seems to be considerable; and (c) there is a social consensus on the necessity for the strict punishment of a drunk driving. In light of the fact that there is a social consensus on the need for the strict punishment of a drunk driving, the sentence of the court below (the fine of KRW 10
2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment at the court below. The defendant committed the crime in this case while recognizing the fact of the crime in this case, and the records of the punishment for driving under influence of alcohol in this case have no record of the same kind of punishment thereafter, around December 2010, and other factors such as the defendant's age, character, character, environment, background, means and consequence of the crime in this case including the fact that there is no record of the same punishment thereafter, shall not be deemed to have been exceeded the reasonable scope of discretion, since the sentencing judgment of the court below is too unfeasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.