도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.
2. Taking into account the sentencing conditions revealed in the records and arguments of the instant case, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s sentence is too uneasible and unreasonable.
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, the court below’s ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure deleted “the fact that there is no record of punishment exceeding a fine.”