beta
(영문) 광주지방법원 2020.02.13 2019노3061

도로교통법위반(음주측정거부)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.

2. The judgment of the Defendant received a summary order of KRW 2.5 million due to drinking driving, etc. around 2005, and around 2009, the Defendant was sentenced to a suspended sentence of KRW 2.5 million with prison labor for eight months since her escape after having escaped from a traffic accident by causing an accident during drinking driving, etc., and was sentenced to a suspended sentence of eight months. The Defendant committed the instant crime, even though he was sentenced to a repeated offense for eight months due to drinking driving, etc. around 2016.

On the other hand, it is favorable for the defendant to reflect his mistake, and the fact that the defendant is responsible for the livelihood of his mother and punishment.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.