도로교통법위반(음주측정거부)등
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (one year of imprisonment, three years of suspended execution, and 120 hours of community service order) is too unhued and unreasonable.
2. The fact that the defendant had been punished several times due to the same crime, and that he/she has not been so long since he/she controlled the driving without the pertinent license or the refusal to measure drinking, is disadvantageous to the defendant.
On the other hand, when comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, and that the defendant has no record of punishment in excess of a fine since 2003, and all of the sentencing conditions in the instant case, such as the age, sex, environment, circumstances of the crime, and circumstances after the crime, it is not recognized that the sentence of the lower court is too unreasonable.
Therefore, the prosecutor's above 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.