도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.
2. The Defendant: (a) was driving under the influence of alcohol while drunk 0.225%; (b) the Defendant was driving under the influence of alcohol.
However, in light of various circumstances, including the Defendant’s age, sexual conduct, environment, motive, and consequence of the crime, which are shown in records and pleadings, the lower court’s punishment is only within the scope of reasonable discretion, and is not recognized to have reached the degree of undueness by being too unfluent.
Therefore, 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.