도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The judgment of the defendant has a record of having been punished several times due to the same crime, and the defendant committed each of the crimes of this case during the period of suspension of imprisonment due to the refusal of measurement of drinking, etc. that are disadvantageous to the defendant.
On the other hand, the fact that the defendant's mistake is against the defendant, and that there is a family member to support the defendant, etc. seems to be relatively clear, etc. are favorable to the defendant.
Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.
Therefore, the prosecutor's above 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 grounds that the appeal is without merit. It is so decided as per Disposition.