도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too uneased and unreasonable.
2. The judgment of the driving under the influence of alcohol is driving under the influence of alcohol, while the defendant is under the influence of a fine of three times due to the driving under the influence of alcohol and criminal punishment for suspension of the execution of imprisonment once due to the accident resulting from the driving under the influence of alcohol.
Although it was discovered that the police officer refused to take a drinking test, it is disadvantageous to the defendant.
However, in full view of all the circumstances that are the conditions for the sentencing of this case, including the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstance before and after the crime of this case, etc., the court below's punishment of this case is too unjustifiable and it cannot be deemed unfair, and the prosecutor's above assertion is without merit, since the defendant'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 ground that it is without merit. It is so decided as per Disposition.