도로교통법위반(음주측정거부)
The prosecutor's appeal is dismissed.
1. In light of the purport of the grounds for appeal that the Defendant, who was punished for a violation of the Road Traffic Act due to driving under the same kind of alcohol as this case, refuses to measure the drinking without any justifiable reason, and does not peep the opening of the court below, such as denying the crime at the court below, etc., the sentence of the court below is too unreasonable.
2. In light of the following circumstances, the court below sentenced the defendant to the above punishment on the grounds of sentencing as stated in its reasoning. The above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment, and the defendant has no record of criminal punishment due to drinking driving after 2007, etc., the court below’s sentencing is too unfeasible and it does not seem to have exceeded the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.