도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) of the lower court is too uneasy and unfair. The sentence of imprisonment (one year and two months of probation, two years of probation, community service, 200 hours of probation, 40 hours of law-abiding class) of the lower court is too uneasy.
Judgment
It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.
(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following, there is no particular change in the sentencing conditions compared to the original judgment, and the reasons for the sentencing revealed in the proceedings of the instant case, the lower court’s sentencing is too unhued and so it does not seem that the lower court’s sentencing exceeded the reasonable scope of discretion.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.