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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below rendered by the defendant is improper because the punishment (one million won of fine) declared by the court below is too unhued.
2. The judgment at the time of the instant crime, the Defendant committed the instant crime with a high blood alcohol level of 0.18%, the Defendant was sentenced to a fine of 70,000 won for drunk driving in 2007, a fine of 200,000 won for a violation of the Guarantee of Automobile Accident Compensation Act in 2009, a fine of 3 million won for a violation of the Motor Vehicle Accident Compensation Act in 2009, a fine of 3 million won for a violation of the Motor Vehicle Accident Compensation Act in 2009 and 2010, and a fine of 3 million won for a violation of the Motor Vehicle Accident Compensation Act in 209 and a violation of the Guarantee of Motor Vehicle Accident Compensation Act in 2015. The Defendant again committed the instant crime during the period of the said suspended sentence, and the Defendant had operated the same stoke as the instant case even at the time of the crime committed before the said suspended sentence, even if a driver’s license was revoked, on February 23, 2016.
The fact that the crime of this case was committed is disadvantageous to the defendant.
On the other hand, it is recognized that the circumstances favorable to the defendant are also recognized, such as the fact that the defendant confessions and reflects the facts constituting an offense, that is not controlled by causing a traffic accident, and that the defendant has used, abolished, and not committed a second offense in the trial.
In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment may be deemed to be somewhat light, but it cannot be deemed that it is unreasonable to view that the lower court’s punishment is too light to the extent that the lower judgment is reversed.
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.