도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of eight million won (a fine of eight million won) is deemed to be too unhued and unfair.
2. Determination feet, the Defendant’s blood alcohol concentration high and driving distance is not short, and the risk of drinking driving is realized, etc. is disadvantageous to the Defendant.
However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant shows the attitude of recognizing and opposing the defendant's mistake, and the fact that the punishment power due to the same kind of crime was relatively past, the court below's punishment cannot be deemed to be unreasonable because the defendant's age, character and behavior, and environment are too unreasonable in full view of all the sentencing conditions shown in the argument in this case.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
(However, Article 53 and Article 55 (1) 3 of the Criminal Code, "Article 55 (1) 6 of the Criminal Code," of the second page 15 of the judgment of the court below, is clear that it is a clerical error in the "Article 53 and Article 55 (1) 6 of the Criminal Code," and thus, it shall be corrected ex officio in accordance with Article