도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, 120 hours of community service, 40 hours of law-abiding driving course) that the court below made is too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the following: (a) there is no new circumstance to change the sentence of the lower court in the trial; and (b) the reasons for sentencing as stated by the lower court are as follows: (a) comprehensively taking into account the Defendant’s age, character and conduct, records of the crime, motive or circumstance of the crime, and circumstances after the crime, etc., as indicated in the lower court’s and the trial proceedings, the sentence imposed by the lower court
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.