도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.
2. The judgment on the grounds of appeal is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant repeated the instant crime despite the record of punishment for a drunk driving; (b) the Defendant’s blood alcohol concentration is very high at the time of drunk driving; and (c) the risk of the instant crime
On the other hand, it is favorable to the defendant that the defendant does not repeat again while he reflects his mistake, that the distance of the defendant's drinking driving is relatively short, and that the risk of the drinking driving of this case is not realized.
In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.
Therefore, prosecutor's assertion is without merit.
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.