도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal (one-month imprisonment) of the lower court is deemed to be too unhued and unreasonable.
2. The judgment of the defendant had a history of criminal punishment of five times, including the sentence for the same crime committed before the instant case and the suspended sentence for two times, and the defendant's blood alcohol concentration at the time of the instant case was very high to 0.194%, is disadvantageous to the defendant.
On the other hand, the defendant would not drive drinking again against the crime and again.
It is advantageous to the point of view.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.