도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of execution of two years, community service, 80 hours, and 40 hours of lecture) is too unfunied.
2. In order to ensure the safety of road traffic and prevent danger, it is necessary to strictly punish the crime of refusing to take drinking.
The defendant, including his previous convictions, has five or more times in total, a criminal offense of the same kind.
However, three of the above previous crimes are old for more than 10 years on the date and time of the crime.
The health status of the defendant and the wife is not good.
The defendant does not commit a second offense.
There is no special change in circumstances that would be different from the original judgment in the first instance.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible and unfair.
Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.