The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of KRW 10 million) is too unhued and unreasonable.

2. The crime of this case is acknowledged as a crime of driving a vehicle under the influence of alcohol 0.153% in the second blood alcohol level in spite of the fact that the defendant was punished for the violation of the Road Traffic Act due to a drunk driving in 2012, and the method and content of the crime, the degree of the blood alcohol concentration, etc., in light of the crime method and the degree of the blood alcohol level, etc., the crime of this case is deemed to be inferior and the criminal liability is grave, and the drinking driving is a very dangerous crime that may cause the occurrence of a traffic accident, and thus, it is necessary to punish the defendant with severe punishment.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) there was no traffic accident that causes the attack of goods or persons during the instant crime; and (c) the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime; (b) the means and consequence of the instant crime; and (c) the circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable merely because it is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing 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.