도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. In light of the fact that the defendant was sentenced to the suspension of indictment due to drunk driving at the head office of the Changwon District Prosecutors' Office in the past and that the defendant caused the traffic accident due to drinking driving in the instant case, the punishment sentenced by the court below (one million won of fine) is too uneasible and unfair.
2. Taking into account the circumstances alleged by the Prosecutor, considering all the circumstances, such as the confession and rebuttal of the Defendant, the fact that there is no criminal history against the Defendant, the location of the Defendant to support his family, and the character, conduct and environment of the Defendant, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court cannot be deemed unfair, and thus, the prosecutor’s allegation above is without merit.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.