도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.
2. The judgment of the defendant has the record of being punished for drinking driving in 2011, and the quality of the crime in this case is not weak during the suspension period of execution due to the obstruction of performance of official duties, etc.
However, there is no record that the defendant was punished for drinking driving in addition to the above punishment power.
The Defendant is divided in depth into the crime of this case and is living as a sincere member of society without recommitting the crime.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.
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.