도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for one year of imprisonment) is too unhued and unreasonable.
2. Although there are several kinds of penalties for the same kind of punishment, there are no records of being sentenced to a fine more severe than the fine among the previous crimes of the same kind, recognition of the instant crime, and other various sentencing conditions as shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, family environment, the background of the instant crime, and the circumstances before and after the instant crime, it cannot be deemed that the lower court’s sentence against the Defendant is too unjustifiable and unreasonable.
3. Accordingly, according to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.