도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.
2. The Defendant committed the instant crime, even though he/she had the record of being punished twice due to drunk driving.
The defendant's blood alcohol concentration was 0.212% higher.
However, the Defendant did not have any record of crime in addition to the above criminal records, and committed the instant crime in depth and did not repeat again.
The defendant seems to live faithfully except for the above drinking driving power, such as supporting the father and her mother who suffers from physical disability 2 with physical disability while working as a company source.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
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.