도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a law-abiding driving lecture 40 hours) is too uneased and unreasonable.
2. In full view of the circumstances favorable to the Defendant, such as the fact that the Defendant had the record of multiple times of punishment due to the crime of drinking alcohol driving, or that the Defendant reflects the offense, and that there is no record of punishment exceeding the fine imposed against the Defendant, etc., as well as other factors of sentencing indicated in the record, such as the Defendant’s age, occupation, sex, sex, environment, motive and circumstance of the offense, etc., it is difficult to view that the lower court’s punishment is too un
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.