beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 20 million (a fine of KRW 20 million) is too unhued and unreasonable.
2. The judgment of the court below 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 accident. It is necessary to strictly punish the defendant. At the time of the crime of this case, the defendant's blood alcohol concentration was considerably high by 0.19%, and the defendant was sentenced to a summary order of KRW 2.5 million due to the crime of violation of the Road Traffic Act (driving) committed by the Jeonju District Court on October 26, 2010. On April 20, 2015, the summary order of KRW 2.5 million is issued for a fine of KRW 5 million due to the crime of violation of the Road Traffic Act (driving) of the criminal facts committed by the same court in the state of drinking alcohol concentration of KRW 0.182% on the same day.
However, the following are the circumstances that are favorable to the defendant: (a) the defendant is divided into and reflects his/her criminal act; (b) the distance of the defendant's operation of a motor vehicle is about 100 meters; (c) the defendant sold his/her motor vehicle during the trial of the court below to prevent recidivism; (d) the defendant was subject to heavy disciplinary action under Article 69 (1) 3 of the Local Public Officials Act due to the crime of this case; and (e) the defendant has no record of criminal punishment exceeding a fine and has no record of criminal punishment after 2
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 column of the judgment of the court below concerning the crime of 1.1.