도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The determination of the summary of the grounds for appeal (e.g., a fine of eight million won) is unreasonable;
2. While taking into account the blood alcohol concentration (0.115%) (0.15%), the lower court determined a punishment by taking into account the Defendant’s reflectivity, the drinking distance (200m), the previous criminal records, and the interval between time and time.
The court below did not err in selecting and applying the elements of sentencing, and there is no change in the sentencing conditions in the appellate court.
The determination of the original judgment cannot be respected.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Examining the sentencing factors again in this court, it cannot be deemed unreasonable that the amount of the original sentence exceeds the reasonable scope of the discretion.
3. The appeal by the prosecutor of conclusion is without merit.
The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.