도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.
2. Considering that the defendant's repeated driving of drinking within a short period of time, strict punishment against the defendant is necessary.
However, in full view of the following facts: (a) the Defendant’s mistake is divided; (b) the Defendant has no record of being punished for the same kind of crime since 2001; and (c) the Defendant’s age, sex and family environment, motive, means and consequence of the crime; and (d) various sentencing conditions specified in the instant argument, such as the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unfair, and thus, the 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 grounds that the appeal is without merit. It is so decided as per Disposition.