도로교통법위반(음주측정거부)등
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that with respect to the punishment (two years of imprisonment with prison labor for a year, two years of suspended execution, and order to attend a course) declared by the court below, the prosecutor is too unfasible and unfair.
2. The judgment of the Defendant has three times the past records of being punished by a fine due to drinking driving, and three times the past records of being punished by a fine due to driving without a license (one time of driving under the influence of alcohol including three times the past records of driving under the influence of alcohol).
On the other hand, there is no record of criminal punishment after being punished by a fine due to drinking or non-license driving in 2012, or without a license driving in 2013.
Recognizing the crime, the attitude of reflecting the crime seems to be reflected.
In full view of the following circumstances, including the Defendant’s age, character and conduct, background of the crime, and circumstances after the crime, and various sentencing conditions indicated in the instant arguments and records, it is not acknowledged that the lower court’s punishment, including an order to attend a lecture, is too heavy or unreasonable (it is difficult to deem that the lower court’s punishment, which was not imposed on probation, exceeded the reasonable scope of discretion).