도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
In 2013, the Defendant was punished by a fine for driving under the influence of alcohol, and was sentenced to 8 months of imprisonment and 2 years of suspended sentence for violation of the Road Traffic Act in the same year, etc., and again committed the instant crime of drinking under the influence of alcohol even during the current grace period.
The risk of recidivism seems to be high in light of the defendant's behavior of drinking driving and the attitude of law-abiding consciousness.
On the other hand, the following conditions are favorable.
Defendant reflects on crimes.
At the time of the instant case, the Defendant’s blood alcohol concentration as 0.077% did not have a high level of alcohol.
The distance of the defendant's drunk driving was less than 10 meters.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the 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 as it is without merit. It is so decided as per Disposition.