도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (6 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.
2. Determination on the grounds for appeal: (a) even though the Defendant had been punished for the same kind of crime, the Defendant left to commit the instant crime; (b) appears to have no opening; (c) the Defendant’s blood alcohol concentration at the time is high and the distance of driving is not short; and (d) is disadvantageous to the Defendant.
On the other hand, in full view of the records of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and all of the sentencing factors in the process of the change, the sentence of the court below is too unreasonable.
Therefore, 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.