도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (two years of suspended execution to six months of imprisonment, and one hundred and twenty hours of community service) is too unreasonable.
2. It is recognized that the defendant's act of committing the instant crime is against the defendant's will late.
However, in full view of the following: (a) the Defendant committed the instant act of refusing to measure drinking again even though he/she had multiple criminal records of the same kind of crime, such as drinking driving, etc. (two times a punishment penalty, and one time a suspended sentence of imprisonment), the Defendant committed the instant crime of refusing to measure drinking again; (b) the Defendant’s age, sexual behavior, environment, background leading to the crime, circumstances leading to the crime, etc.; and (c) the sentencing conditions indicated in the record, such as the circumstances after the crime, etc.; and (d) the sentencing conditions in the first instance trial do not change compared with the court of first instance, and where the sentencing in the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.