도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.
2. The judgment of the defendant was sentenced to a fine in 2010 for a crime of drunk driving and, in particular, even though he was sentenced to a suspended sentence in 2012, he again committed the instant crime during the suspended sentence, even though he was sentenced to a suspended sentence in 2012.
These circumstances are disadvantageous to the defendant.
However, the defendant recognizes all crimes and repents his mistake.
This case was limited to a simple drinking driving.
The blood alcohol concentration level at the time of the drinking driving of this case is 0.067% lower than that of the blood alcohol level.
These circumstances are favorable to the defendant.
In addition to this point, comprehensively taking into account the various circumstances such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too uneasible and unfair.
3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.