도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment because new materials for sentencing have not been submitted in the trial, and in full consideration of the factors revealed in the arguments in the instant case, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair, and thus, the prosecutor’s wrongful 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 prosecutor's appeal is without merit. It is so decided as per Disposition.
However, it is evident that the “Article 55(1) subparag. 3” of the second parallel No. 14 of the lower judgment is a clerical error in the “Article 55(1) subparag. 6”, and thus, ex officio correction is made pursuant to Article 25(1) of the Regulation on Criminal Procedure.