도로교통법위반(음주측정거부)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment with prison labor, three years of probation, observation of protection, and 100 hours of community service) is too uneasible and unfair.
2. Circumstances unfavorable to judgment: A defendant has his previous convictions and injuries, respectively.
There seems to be some circumstances to consider the circumstance in which the defendant's refusal of drinking alcohol measurement was made.
The degree of injury of the victim is relatively weak.
Considering the above unfavorable circumstances, the Defendant’s age, character and character environment, the motive and consequence of the crime, and the circumstances after the crime, etc., as well as the overall sentencing conditions indicated in the present arguments and records, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.