도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the defendant was in a state of 0.218% alcohol concentration at the time of driving under the influence of alcohol in this case, and the defendant had the same criminal records for the same kind of crime, etc.
2. The judgment was given that the Defendant driven under the influence of alcohol level 0.218% by blood alcohol level, and that the Defendant was punished for the violation of the Road Traffic Act (driving). However, while the Defendant’s mistake is against himself and disposes of the vehicle owned by himself, the Defendant did not have any criminal record other than the fact that he was punished by a fine for the violation of the Road Traffic Act (driving). In addition, considering the Defendant’s age, character and behavior, environment, conditions before and after the commission of the crime, and all the sentencing conditions shown in the records and arguments, including the background leading to driving under the influence of alcohol, the distance of drinking driving, etc., the Defendant’s punishment imposed by the court below cannot be deemed unfair. Thus, the prosecutor’s above 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 ground that it is without merit. It is so decided as per Disposition.