도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (fines 6,00,000) is too unhued and unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
In around 2013, the defendant, was subject to criminal punishment (hereinafter a fine of KRW 4,00,000) due to drunk driving, even though he had a record of driving under the influence of alcohol, he again driven under the influence of alcohol.
At the time of the instant case, the Defendant’s blood alcohol concentration was very high to 0.203%.
A traffic accident occurred due to drinking driving in this case.
On the other hand, the following conditions are favorable.
The defendant reflects the crime and again does not drive under the influence of alcohol.
There is no record of criminal punishment exceeding a fine for the defendant.
At the time of the instant case, the victims did not occur.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment 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.