도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, 40 hours of order to attend a lecture, and 120 hours of community service) is too uneased and unreasonable;
2. In light of the circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and the circumstances after the commission of the crime, the sentencing conditions as shown in the records and arguments are considered. The court below’s judgment did not change the sentencing conditions compared to the original judgment, even if there is no new change of circumstances that could change the original judgment’s punishment in the first instance court, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.
Therefore, the prosecutor's assertion of unfair sentencing is not accepted.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.