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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment of the court below (a year and two months of imprisonment, a suspended execution of three years, a probation and an order to attend a law-abiding lecture of 40 hours) is too uncomfortable and unfair.
2. The judgment under the influence of alcohol is a very dangerous crime that is likely to cause unexpected behaviors to the life and home of others as well as the possibility of traffic accidents, and thus requires strict punishment. At the time of the instant crime, the Defendant’s blood alcohol concentration at the time of the instant crime was considerably high by 0.127%, the Defendant was punished by a fine of KRW 2 million at the Seoul Central District Court on March 15, 200, and the Defendant was punished by a violation of the Road Traffic Act (driving) at the Seoul Central District Court on March 15, 200, on June 28, 2010, by the Incheon District Court on June 28, 201, by imprisonment with prison labor for 8 months and 2 years suspended execution.
However, the Defendant’s depth and reflects the instant crime; the driving distance at the time of the instant crime is relatively short of about 300 meters; the time of the instant crime is about 08:12, October 11, 2019; in light of the time when the instant crime was committed, the instant crime appears to fall under the so-called night driving according to the influence of the preceding marina; the instant crime was committed in the course of detection of the instant crime; the police officer was very cooperative in the process of detection of the instant crime; and the control police officer wanted to take the Defendant’s wife (Evidence No. 9 page of the evidence record); the Defendant did not have the record of criminal punishment since 201; and the Defendant’s age, character and conduct, the Defendant’s environment, and other sentencing conditions are considered to be unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the second column of the judgment of the court below concerning the crime of 1.1.