도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) of the lower court (one year and six months of imprisonment, three years of suspended execution, three years of community service order, 200 hours of community service order, and 40 hours of order to attend a course) is too uneasy and unreasonable.
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). We examine the following: (a) there is no change in the conditions of sentencing compared to the original judgment because new data on sentencing have not been submitted in the trial; and (b) comprehensively considering the factors of sentencing revealed in the oral proceedings of the instant case, the lower court’s sentencing is too unhued and so it does not seem to have 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.