도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The Defendant committed the instant crime under the influence of alcohol concentration of 0.089%, which causes a traffic hazard by driving a vehicle while under the influence of alcohol concentration of 0.089%, and the quality of the instant crime is not weak, and even if there was a record of being punished four times as a violation of traffic laws and regulations, including being punished two times for the same crime, the instant crime was committed. The current Road Traffic Act, as in the instant case, provides that a person who violates the prohibition clause on the driving of alcohol at least twice, as in the instant case, shall be punished more strictly in the event of drinking again for the purpose of preventing driving under the influence of alcohol that threatens traffic safety and ensuring the awareness of such a violation.
However, in light of the circumstances favorable to the defendant, such as the fact that the defendant acknowledged the crime of this case and reflects the nature of the defendant, the driving distance is about 30 meters without any weight, and the driving distance is not clear. The first substitute officer is driving with the driver, and the remaining distance is turned back at the vicinity of destination upon the request of the substitute officer while returning home, and there are circumstances showing that the remaining distance has been caused to commit the crime of this case, and there are no additional traffic accidents due to the crime of this case, it is not recognized that the punishment of the court below is unfair because it is too unreasonable, considering various sentencing conditions as shown in the arguments of this case, such as the defendant's age, sex, home environment, motive and background of the crime, the means and consequence of the crime of this case, and the circumstances before and after the crime.
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.