도로교통법위반(음주측정거부)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (limited to 8 months of imprisonment and 300,000 won of fine, 2 years of suspended execution, 80 hours of community service order, 40 hours of law-abiding lecture, and 40 hours of order to
2. The defendant's previous records reached nine times, and the period of the suspension of execution was two times, and the criminal act of this case was committed after the expiration of the period of the suspension of execution, which was sentenced to the same kind of crime. However, the criminal act of this case is relatively less dangerous than the criminal act committed by the vehicle operation, and the defendant appears to be against the criminal act of this case. In light of all the sentencing conditions indicated in the records of this case, considering the defendant's age, character and behavior, environment, motive, means and consequence of the criminal act, etc., the sentence of the court below against the defendant is too unreasonable.
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.