도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (amounting to six million won) is too unfilled and unfair (a prosecutor stated that he/she should be punished by imprisonment with prison labor for one year). 2. Determination on February 2, 198, the Defendant was already punished by two times due to driving without a license for drinking alcohol.
However, there is no other criminal history against the defendant.
In addition, the Defendant’s blood alcohol concentration at the time of committing the crime is 0.094%, and the previous fine penalty is 200,000 won due to driving of alcohol (0.102% alcohol concentration in blood), drinking (0.092% in blood), and non-licenseing (2.5 million won in blood). In comparison with this, the fine imposed by the lower court is not excessively minor.
In addition, considering all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., it cannot be deemed that the lower court’s punishment is too unreasonable.
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.