도로교통법위반(음주측정거부)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence in August, community service order, 80 hours of community service order, and 40 hours of order to attend a compliance driving lecture) of the lower court is deemed to be too uneasy and unreasonable.
2. The facts that the defendant had several criminal records of the same kind and committed each of the crimes of this case even though he had been under the suspension of the execution for the same kind of criminal records, are disadvantageous circumstances, but the defendant recognized his mistake and reflects his behavior, sold his vehicle, etc. The elderly mother support the crime of this case. In addition, taking into account the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, the court below's punishment is too unreasonable and it is not recognized that the above assertion by the prosecutor is unreasonable.
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.