도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. At the time of judgment, the Defendant’s blood alcohol concentration (0.236%) was considerably high at the time of driving alcohol, and the Defendant was punished for traffic-related crimes.
On the other hand, the defendant shows his attitude to recognize and reflect his crime.
The driving distance of the defendant is not long, and the defendant is punished for drinking, there is a considerable interval from the crime of this case in 1999.
In full view of all the sentencing conditions as shown in the instant pleadings, including the above circumstances, including the Defendant’s age, sex, environment, motive, means, consequence, etc., the sentencing of the lower court exceeded the reasonable scope of discretion.
It does not appear.
Therefore, the prosecutor's improper argument of sentencing 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.