특정범죄가중처벌등에관한법률위반(도주치상)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment, three years of suspended execution, and 200 hours of community service activities) is too uneased and unreasonable;
2. The Defendant: (a) paid a traffic accident by driving without obtaining a license or driving without drinking; (b) was found to have been under the influence of drinking; and (c) subsequently, the process of the instant crime and the circumstances subsequent to the instant crime, such as driving without obtaining a license for driving without any particular offense,
Furthermore, in light of the fact that the defendant has past history of criminal punishment due to drinking driving, it is necessary to impose strict punishment.
Meanwhile, it is reasonable to respect ex post facto sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court sentencing is not beyond the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Taking full account of the following factors, the Defendant’s environment, records, and arguments, the lower court’s punishment is unreasonable because it goes beyond the reasonable scope of discretion and goes beyond the reasonable scope of discretion.
The prosecutor's assertion of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.