도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal (unfair sentencing) is that it is unfair that the lower court’s sentence (one year of suspended sentence of imprisonment with prison labor for three years, observation of protection, and 40 hours of an order to attend a compliance driving) against the Defendant is too uneasible.
2. In full view of the circumstances unfavorable to the Defendant that the Defendant had been punished several times due to a violation of the Road Traffic Act (drinking) or the Defendant’s confession, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence, etc., the lower court’s sentence against the Defendant is uneasible and unfair, and thus, the prosecutor’s improper assertion of sentencing 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.