도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant was punished for driving alcohol again for a long time; (b) was engaged in driving alcohol again; (c) was high in blood alcohol level; and (d) was a state of non-license; and (c) the lower court’s punishment (c) was too unlicensed.
2. Judgment on the grounds for appeal
A. Under the current Criminal Procedure Act, which takes the principle of trial-oriented and directness, there exists an area unique to the first instance court’s determination of sentencing. As such, it is reasonable to respect the first instance court’s sentencing in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) Circumstances the prosecutor asserted as an element of sentencing unfavorable to the Defendant on the grounds of appeal are deemed to have been sufficiently considered when the sentence was already determined in the lower court, and there is no additional circumstance to change the lower court’s sentence in the first instance court. Moreover, considering the Defendant’s age, sex, environment, motive, means, and consequence of the crime, and the circumstances after the crime, etc., it cannot be said that the sentence that the lower court was too unscheduled and unfair.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.