The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one year of imprisonment and two years of suspended execution) is deemed to be too uneasy and unfair.

Judgment

The Defendant driven a vehicle under alcohol level of 0.236% while driving the vehicle under the influence of alcohol in blood, and continued to drive the vehicle in front of the signal waiting into a two-way lane. A two-way vehicle under the signal waiting into the signal waiting. A two-way vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle. As a result, the two-way vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the vehicle under the influence of the vehicle under the influence of the vehicle under the influence of the vehicle under the vehicle under the influence of the vehicle under the influence of the vehicle

① In 2010, the Defendant had been punished for a fine of five million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) on the Aggravated Punishment, etc. of Specific Crimes.

(2) The blood alcohol concentration is very high.

③ The Defendant shouldered the Defendant’s drinking after the surface of the water in the lower court and the lower court.

I think that the driver was driving.

Unlike the assertion, (39 pages of the trial record, 5 pages of the grounds for appeal) and the police made a statement to the effect that the accident occurred while driving a vehicle parked in the way of drinking 3 through 4 Macju and 3 through 3 her friend-dong from the date of the accident to a restaurant (Evidence record 62-63). (4) The degree of the accident caused by drinking, such as the cancellation of part of the damaged vehicle, is considerably heavy (Evidence record 31-51, 98, 117 pages of the evidence record). However, ① the defendant reflects his mistake, and the degree of injury of the victims is relatively heavy compared to the degree of the accident.

② The Defendant’s driver’s vehicle is covered by a comprehensive insurance (Evidence 72 pages). ③ The Defendant’s workplace club fee submitted by the Defendant, etc., has a social ties with the Defendant (Dismissal 27-33 of the trial record). ④ The Defendant’s final driver’s license before and after drinking in 2010 appears not to have a habit for drinking in 2010.

The sentencing criteria shall be based on the sentencing criteria.