도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of the execution of two years, the probation, the community service order 80 hours, the order to attend a compliance driving lecture 40 hours) is too uncomfortable and unfair.
2. One of the defendants has been punished for traffic-related crimes, such as drinking and driving without a license, several times, and in particular, the defendant has been punished for a fine of three million won due to a violation of the Road Traffic Act around 2009.
This point is the same as the prosecutor asserts.
However, the defendant recognizes and reflects the crime.
In 209, the defendant was sentenced to imprisonment with prison labor for not more than May in 2009 and a two-year suspended sentence, and the defendant committed the same crime during the period of the crime in this case.
In addition, in full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, it cannot be deemed that the sentence of the lower court is too unjustifiable, and thus, the prosecutor’s assertion is without merit.
3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.