도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
In light of the records and arguments of this case, even if the Defendant’s past traffic crime history and drinking water of the Defendant at the time of committing the crime, the prosecutor appealed on the ground that the lower court’s sentence (five million won of a fine) is too unfluent and unreasonable, and considering all the sentencing conditions indicated in the records and arguments of this case, it is not recognized that the sentence imposed by the lower court is too unfluent and unreasonable.
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).