도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The prosecutor's summary of the grounds for appeal is improper because the sentence imposed by the court below on the defendant (five million won of fine) is too unhued.
2. Although there were unfavorable circumstances such as the Defendant’s high drinking volume at the time of the instant judgment, the Defendant’s mistake was divided and reflected, and the Defendant did not have any record of being punished for drinking, other than once a fine was imposed in 2003, and the Defendant’s punishment is not deemed to be unreasonable, considering the overall circumstances such as the Defendant’s age, character and conduct, environment, and circumstances before and after the commission of the crime.
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 as it is without merit. It is so decided as per Disposition.