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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.
2. The judgment of the driving under the influence of alcohol is a very dangerous crime that may cause an unexpected imprisoning to the life and home of others as well as to itself by raising the possibility of traffic accident, and is in need of strict punishment. The defendant caused an accident of shocking the vehicles parked in the vicinity while driving in the condition of 0.225 percent alcohol level, and the defendant has a power to receive a summary order of KRW 500,000 as a penalty for a violation of the Road Traffic Act at the Seoul Central District Court on May 16, 201.
However, there is a favorable circumstance for the defendant, such as the fact that the defendant repents his own crime and reflects it, that the distance of the defendant's vehicle operated in the state of driving is about five meters, that only physical damage occurred due to an accident occurred in the course of the crime of this case, that the defendant's vehicle was compensated in the automobile comprehensive insurance for the vehicle covered by the defendant's vehicle, that the defendant was under contact with the public officials of the Jeju-do Office Office where the defendant moved the vehicle of the defendant's vehicle parked in the cleaning parking zone in the Jeju-do Office, and that there is a circumstance to consider the circumstances leading to the crime of this case, and that the defendant has no record of criminal punishment exceeding the fine since 2010.
In addition, in full view of the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below cannot be deemed to be too uneasible and unfair.
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 part of the judgment of the court below is to change the passenger car of the accused in parking.