도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended sentence, 120 hours of community service, and 40 hours of law-abiding class) that the court below made is too uneasible and unreasonable.
2. The crime of this case is not good in that the defendant committed the crime of this case even though he was punished by a fine in around 2007 or by a suspended sentence in around 2009 due to the crime of refusing to measure drinking.
However, the defendant did not have any history of punishment after the crime was committed in around 2009, and disposed of the vehicle and did not repeat the crime.
The Defendant is liable for the livelihood of two wifes and two undergraduates, and the Defendant’s age, character and conduct, environment, and all of the sentencing conditions shown in the records and arguments of this case cannot be said to be unfair because the sentence imposed by the lower court is too uneasible.
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.