도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence (7 million won in penalty) imposed by the court below on the defendant is too unfasible.
2. The lower court: (a) comprehensively taking account of the circumstances surrounding the instant crime and the circumstances after the instant crime, taking account of the following factors into account: (i) the fact that there is a child who ought to take care of, and has no record of criminal punishment heavier than the same type of crime or fine; and (ii) the fact that there is no record of criminal punishment heavier than the same type of crime or fine; and (iii) imposed the said punishment by comprehensively taking account of the Defendant’s age, sex behavior, living environment, and other various factors of sentencing.
In light of the following: (a) there is no particular change in the sentencing conditions as the new sentencing data has not been submitted in the trial; and (b) there are various sentencing conditions revealed in the records and arguments, the sentencing of the court below exceeded the reasonable scope of its discretion because it is too unhued.
shall not be deemed to exist.
The prosecutor's improper argument in sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.