도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (eight million won of a fine) is too unhued and unreasonable.
2. The lower court determined that the Prosecutor had already been sentenced to punishment by fully taking account of all the circumstances, including the circumstances alleged as the grounds for appeal.
Even if the grounds for sentencing revealed in the process of the pleadings in this case are re-examineed, such as the fact that the defendant has the ability to punish the same kind of crime, but is relatively old, and the defendant has no ability to punish more than the fine, etc., the sentencing of the court below cannot be deemed to be unfair
Therefore, prosecutor's assertion is not accepted.
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.