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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.
2. In light of the fact that the Defendant driven a vehicle under the influence of alcohol level of 0.234% with no license, and the quality of the crime is not weak in light of the level of drinking alcohol, etc., even before the Defendant had the record of being fined twice due to a drunk driving, and there are many criminal records due to the violation of the Road Traffic Act, and the drinking driving is a serious crime threatening the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory penalty for it.
However, on the other hand, the defendant's net recognition of the crime of this case and reflects the mistake in depth, the previous 2008 of the same records is driving a vehicle at the street parking lot, while parking the vehicle at the street parking lot, and the year 2012 is driving in the state of less drinking than that of the preceding 10:45.
Since the crime of this case was controlled, there are some circumstances to consider the circumstances, and since the defendant's spouse's health is not good, the defendant's spouse is reserved to the hospital following the following day, the vehicle is driven and returned to the hospital.
In light of the fact that the defendant seems to have been under control, and the fact that the defendant would not drive a drinking again again in the future, and other various sentencing conditions as shown in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the court below's punishment against the defendant is too uneasible and unfair. Thus, the prosecutor's assertion of unfair sentencing is without merit.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.