도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. Determination is recognized that the Defendant has a history of punishment twice due to drinking driving, and that the blood alcohol concentration in blood is 0.169% high.
However, in consideration of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too unfeasible and unreasonable. However, it is not recognized that the Defendant’s punishment is too unfasible and unfair, in light of the following factors: (a) the Defendant’s mistake is divided; (b) there is no history of punishment heavier than a fine; and (c) the distance of drinking driving is about 150 meters.
Therefore, prosecutor's assertion is without merit.
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.