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(영문) 대전지방법원 2015.01.29 2014노3319

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) shall be excessively unreasonable.

2. It is reasonable to consider that the detention of the defendant was likely to cause difficulties to family members, and that family members want to leave the place. However, even though the defendant was sentenced to a suspended sentence due to the obstruction of performance of official duties and became final and conclusive on April 2, 2014, the defendant again committed the crime of this case since five months have not yet passed since he was sentenced to a suspended sentence, and the crime was not good, such as continuing to take a bath to police officers while refusing to take a drinking test, and the defendant has been convicted of a previous conviction and a suspended sentence or more, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the defendant's punishment imposed by the court below is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant'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.