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 again committed the instant crime even though he/she had been punished by a fine on three occasions due to drunk driving.
At the time, blood alcohol concentration was 0.129% higher.
However, there is no record of criminal punishment exceeding a fine, and the defendant has committed a crime in depth and has not committed a second offense.
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.