도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.
2. The Defendant had a record of being punished once by driving alcohol in 2004 and 2014, while driving alcohol in a state of drinking alcohol concentration of 0.14%.
However, the defendant has only been punished by a fine for drinking driving, and there is no record of being punished for driving without a license.
In addition, considering the various circumstances, such as the defendant's age, sexual conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the sentence of the court below is within the scope of reasonable discretion, and it is not recognized that the defendant's punishment has reached the degree of undue punishment because it is too unfasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.