도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of imprisonment with prison labor, two years of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.
2. The judgment is an unfavorable circumstance, such as the fact that the defendant did not comply with a police officer's legitimate request for measurement of drinking, and that he/she was sentenced to a fine twice due to drinking driving.
However, in light of the favorable circumstances such as the fact that there are circumstances to consider the defendant's detection, and the age, sex, environment, background and result of the crime of this case, and all of the sentencing conditions in this case, such as the circumstances following the crime, the court below's punishment is too unfasible and unfair. Thus, the prosecutor's allegation above is without merit.
3. As such, the prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That according to the trial records (No. 150 pages), the “K” of No. 15 of the judgment of the court below is obvious that it is a clerical error of “O”, and thus, it is corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure).