도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (700,000 won of fine and three years of suspended execution) imposed by the court below on the defendant is too unhued and unreasonable.
2. Determination Doctrine, drinking driving is in need of a serious criminal who threatens the life, body and property of others as well as his/her family members.
However, in full view of all the sentencing conditions shown in the argument of this case, including the fact that the distance of the Defendant’s drinking driving was about 20 meters, the Defendant, after drinking, had a substitute driver drive for his apartment after drinking, the Defendant was the primary offender, and whether there was a change in the situation after the lower judgment was sentenced, the lower court’s punishment appears to be within a reasonable and appropriate scope and cannot be deemed unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.