도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. The decision of the court below against the defendant on the summary of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.
2. The lower court, based on its stated reasoning, sentenced the above sentence to the Defendant on account of the sentencing in its stated reasoning. Circumstances favorable to the sentencing alleged in the first instance court are already considered in the lower court’s determination of the sentence, and there are no changes in circumstances in the sentencing conditions in the first instance court. Therefore, it is reasonable to respect the sentencing of the lower court.
Therefore, the defendant's argument of sentencing is without merit.
3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is without merit. It is so decided as per Disposition.