도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the reasons for appeal - The sentence of the lower court (one year of imprisonment with prison labor for eight months and one year of suspended execution) is deemed to be too unhued and unfair.
2. The judgment committed the instant crime even though the Defendant had been punished three times due to drinking driving, and the Defendant’s blood alcohol concentration was considerably high by 0.217%, etc. are disadvantageous to the Defendant.
On the other hand, however, the fact that the defendant recognized the crime of this case and divided his mistake, the crime of this case did not cause any more severe result after driving a simple drinking, the driving distance was a relatively short distance of 500 meters, the defendant's previous record of driving under the influence of alcohol is long, and there is no record of punishment exceeding the fine, etc. in favor of the defendant.
In addition, in full view of all the sentencing conditions as shown in the records and theories of this case including the Defendant’s age, sex, environment, background and motive leading to the crime, and the circumstances before and after the crime, the sentence of the court below exceeded the reasonable scope of discretion, as it is unafford.
shall not be deemed to exist.
The prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.