도로교통법위반(음주측정거부)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.
2. Taking into account the various sentencing conditions as shown in the instant judgment records and arguments, the lower court’s sentence is too unfasible and unreasonable, even considering the circumstances asserted by the prosecutor on the grounds of appeal.
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure that ex officio, pursuant to Article 25(1) of the Rules on Criminal Procedure, the term “a punishment of imprisonment” under the third sentence is considered as “a punishment penalty” and Article 154 Subparag. 2 is corrected as “Article 152 Subparag. 1”.