도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
Although the prosecutor appealed on the ground that the court below’s punishment (five million won of fine) is too unfluent and unfair, in light of all the sentencing conditions as shown in the records and arguments of this case, it is not recognized that the sentence imposed by the court below to the defendant is too unfluent and unreasonable on the grounds as stated in its reasoning.
Since the prosecutor's appeal is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
[However, the part of "Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving)" in the pertinent provision on criminal facts in the context of the application of the law of the court below shall be corrected to "Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018)" (the point of a sound driving).