도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., a two-year suspended sentence for one year, and 40 hours during a compliance driving course) that the lower court sentenced the Defendant is too uneased and unreasonable.
2. In a case 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, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of various sentencing conditions in the instant records and pleadings, such as (i) no change in circumstances that may be considered in sentencing after the lower judgment; and (ii) there is no criminal conviction exceeding a fine; and (iii) there is no criminal conviction against the Defendant, the lower court’s sentence is too unjustifiable even if considering the circumstances alleged by the prosecutor as the grounds for appeal.
3. 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.