도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) declared by the court below is too unhued and unreasonable.
2. We examine the judgment, and the defendant's records of being sentenced to a fine due to drinking driving in addition to being sentenced to a suspended sentence on February 2010 for the same crime, and the drinking driving is a crime threatening not only the driver but also another person's life, and there is a need to strictly punish the defendant.
However, in full view of all the circumstances, such as the Defendant’s motive for committing the instant crime, the Defendant’s age, occupation, occupation, character and conduct, environment, family relationship, etc., and the conditions for sentencing as prescribed in Article 51 of the Criminal Act, which are shown in the records and pleadings, the sentence imposed by the lower court is too uneasy and unreasonable. Thus, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.