도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two years of suspended sentence in six months of imprisonment, and forty hours of the order to attend a compliance driving) is too uneased and unreasonable.
2. Determination is that the Defendant was punished by a fine of KRW 3 million on August 23, 2013 due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 4 million on November 30, 2015. The Defendant committed the instant crime even when the driver’s license was revoked due to the foregoing drinking driving, and that the Defendant committed the instant crime even when the driver’s license was revoked due to the said drinking driving. The Defendant was disadvantageous to the Defendant that the alcohol concentration among blood transfusion was not lower than 0.114% at the time of the instant crime.
However, the fact that the defendant is recognized as committing the crime of this case and is against the law, and that there is no criminal history subject to a suspended sentence or heavier punishment, etc. are favorable to the defendant.
In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.
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.