도로교통법위반(음주운전)
The appeal by the prosecutor is dismissed.
The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the court below is unreasonable.
Judgment
The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant driven a vehicle in a drunken state with a blood alcohol level of up to 0.260%, and the liability for the crime is not less than that of the defendant, that the defendant caused physical damage by shocking the vehicle driven while driving under the influence of alcohol, and that there was a history of punishment once for the same crime.
However, in full view of the following: (a) the Defendant reflects his mistake in depth; (b) the degree of physical damage caused by an accident during a drunk driving is relatively minor; and (c) there is no record of criminal punishment heavier than a suspended sentence; and (d) other various sentencing conditions, such as Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, and circumstances before and after the instant crime, it is not recognized that the sentence of the lower court is too unreasonable.
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 by the prosecutor is without merit.