도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unfluent and unreasonable.
2. In comparison with the judgment of the court below, there is no change in the conditions of sentencing at the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.
In addition, considering the Defendant’s age, gender and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is too uneasible and unreasonable.
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.