도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that of the lower court’s punishment (one year of imprisonment, two years of suspended execution, and order to attend a course) is too unhued and unreasonable;
2. The accused has been punished for a fine of three times due to drinking driving, etc.
However, in full view of the facts that there was no history of punishment heavier than a suspended sentence, and there was no record of criminal punishment prior to the instant crime since 2009, the recognition and reflect of the crime, and other various sentencing conditions as shown in the arguments and records of the instant case, including the Defendant’s age, character and conduct, etc., it is not recognized that the lower court’s punishment was too unscheduled and exceeded the reasonable scope of discretion, including that of the Defendant, and that the Defendant was not subject to probation.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.