도로교통법위반(음주운전)등
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 judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the recognition of the criminal conduct, reflectivity, and the absence of driving again), and the circumstances unfavorable to the defendant (the fact that there was two times of the violation of the Road Traffic Act (the act of driving under the influence of alcohol) and one time of the fine due to the violation of the Road Traffic Act (the act of driving under the influence of a driver without a license)).
In light of the aforementioned grounds for and the defendant's age, career, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, various circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances that the court below did not change the punishment against the defendant, the sentencing of the court below is appropriate and it cannot be deemed that it abused its discretion or deviates from the limits of discretion.
The sentencing of the court below is not unfair.
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.