도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment) is too unhued and unreasonable.
2. The crime of this case, which has refused to take a single drinking test, is very bad, and the defendant has already been punished seven times (including three times a suspended sentence) due to the driving of drinking or the refusal to take a drinking test.
However, the defendant recognizes the facts charged and is against the law, and does not repeat the crime such as scrapping a vehicle.
In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is deemed as unfortunate and unreasonable.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.