도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main points of the grounds for appeal are as follows: (a) the lower court’s sentence (the suspended sentence of a fine of KRW 1.5 million) is too unfluent and unreasonable.
2. However, the blood alcohol concentration in the instant case is 0.112% and is considerably high.
However, the defendant is against the facts charged and there is a circumstance that can be considered in the background of drinking driving (at the front through a acting driving, but at the expense of an acting driver, about 20 meters for parking) and there is no special criminal history against the defendant.
In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.