도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. In light of the fact that the defendant, who had the record of criminal punishment several times due to the violation of the Road Traffic Act due to the crime of violating the provisions of the Road Traffic Act due to the drinking driving, such as this case, does not know himself during the period of repeated crime, and commits another crime of drinking again, etc., the court below's punishment (5 million won of a fine) is too uneasible and unfair.
2. In light of the following factors: (a) the lower court appears to have determined the sentence in light of the above circumstances as stated in the Prosecutor’s assertion; (b) the Defendant committed the instant crime in a timely fashion and reflects the Defendant’s mistake in depth; (c) the degree of alcohol alcohol is not excessive due to the blood alcohol level of 0.076%; and (d) the instant case appears to be a kind of hummatic driving; and (b) other factors for sentencing as indicated in the instant case, including the Defendant’s age, character and conduct, environment, circumstances leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment is deemed to be appropriate based
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. It is so decided as per Disposition.