도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.
2. Although the Defendant had been punished for a drunk driving and a traffic-related crime, the Defendant again driven while under the influence of alcohol 0.140%, and committed the instant crime.
However, the defendant has no record of criminal punishment for the last five years, and there is no record of punishment for suspension of execution or more than three times of fines.
In full view of the fact that the defendant is divided into the errors of the crime of this case and there are family members to support the crime of this case, and all of the sentencing conditions as shown in the records and arguments, the punishment imposed by the court below is too unjustifiable and unreasonable.
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.