Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued and unreasonable.
2. On October 28, 201, the Defendant was under the influence of criminal punishment on several occasions due to a drunk driving, and was sentenced to six months of imprisonment and two years of suspended execution on the grounds of a violation of the Road Traffic Act on October 28, 2011, and committed the instant crime while under suspended execution.
At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high by 0.166%.
However, the defendant has not committed a second offense in depth while committing a crime.
The defendant currently lives faithfully and is responsible for his parents' livelihood.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is 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.