도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a law-abiding driving lecture 40 hours) is too uneasible and unfair.
2. Determination
A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that there is a number of records of punishment for the same kind of crime are recognized in cases where there is no change in the conditions of sentencing compared to the first trial, and the first deliberation sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) In cases where the Defendant’s blood alcohol concentration is relatively higher than 0.145%, and there are many records of punishment for the same kind of crime.
However, the above circumstances were already launched during the oral argument of the court below, and there is no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, and the defendant is divided in depth into the crime of this case, the elderly health status is not good, and other various sentencing conditions in the records and arguments of this case, including the character, character, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., are considered as being too uneasible and unfair.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.