도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the defendant had been punished several times due to the violation of the Road Traffic Act (one time a suspended sentence of imprisonment, three times a fine) and the violation of the Road Traffic Act (one time a suspended sentence of imprisonment), the blood alcohol concentration of the defendant is relatively higher than 0.217%, and the defendant's vehicle operation is not against the crime of this case, consistently with the vindication that "the defendant was driving a vehicle in order to drive the vehicle". In light of the above, the punishment (six million won a fine) imposed by the court below is deemed to be too uncompeted and unfair.
2. Taking into account the circumstances alleged by the public prosecutor, the following circumstances are considered: (a) the Defendant is led to confession and reflect; (b) the Defendant repeatedly drives more than one meter in the parking zone line in the apartment parking lot; (c) the Defendant was sentenced to imprisonment with prison labor for a term of two years and six months in the Changwon District Court on April 10, 2009; (d) the Defendant was sentenced to imprisonment with prison labor for a term of three years and six months in the instant case; (c) there was no history of punishment for a term of three years and six months in the instant case; and (d) other circumstances, such as the Defendant’s character, conduct and environment, the background and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., the Prosecutor’s allegation as above is without merit, and thus, it cannot be deemed that the sentence imposed by the court below is unfair.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.