도로교통법위반(음주측정거부)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, the suspension of execution for three years, and the community service order for 160 hours) of the lower court against the Defendant is deemed unreasonable.
2. Although the defendant was punished for a traffic-related crime several times, the fact that the defendant committed each of the crimes of this case without being aware of it is unfavorable to the defendant, but the defendant seems to have led to the confession of all each of the crimes of this case and against his mistake. The defendant appears to have given an opportunity to reflect during the period under detention at the court below. In full view of various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., the defendant's punishment imposed by the court below is too unjustifiable and unfair. Thus, the prosecutor's assertion of unfair sentencing
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.