도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. It is unfair that the lower court’s sentence (a year of imprisonment, two years of suspended sentence, 80 hours of community service order, and 40 hours of lecture for compliance driving) against the Defendant against the summary of the grounds for appeal (unfair sentencing) is too uneasible.
2. The fact that the defendant had been punished several times due to the same kind of drinking, driving without a license, and violation of the Guarantee of Automobile Compensation Act is unfavorable to the defendant, but when comprehensively considering the defendant's age, sexual behavior, environment, motive, means and consequence of the crime in this case, 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 after the crime, the court below's sentence against the defendant is unfeasible, and thus, the prosecutor's improper allegation in the
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 by the court below (Provided, That in the application of the law of the court below, “Article 38(1)2 and Article 38(2)” of “Article 38(1)2 and Article 38(2) is obvious that it is a clerical error in the “Article 38(1)2”, and thus, it is ex officio correction in accordance with Article 25(1) of the Rules on Criminal Procedure.