도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence against the Defendant (a prison term of 10 months, 2 years of suspended sentence, 2 years of probation, observation of protection, community service order 80 hours, 40 hours of lecture order of compliance driving, and 40 hours of lecture order of compliance driving) is deemed unreasonable
2. The fact that the defendant committed the instant crime even though he/she had been punished several times for the same crime is disadvantageous to the defendant.
However, on January 2016, when comprehensively taking account of the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., as well as various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, it is deemed that the lower court’s sentence against the Defendant is too uneasible and unfair, and thus, the prosecutor’s assertion is without merit.
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.