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(영문) 창원지방법원 2017.12.07 2017노2876

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the accused recognizes and reflects the crime, that the defendant's previous record of drinking does not exceed five years, and that the defendant supports the reference of a person with visual disability (Grade II).

However, the Defendant has been sentenced four times to a fine and one-time suspended sentence due to drinking driving, etc., and the police officers dispatched to the scene upon receiving a report from the J and discovered the Defendant who was driving at the parking lot and let him get out of the parking lot, and attempted to get out of the parking lot, and attempted to get out of the parking lot. However, the Defendant attempted to leave the site without complying with the influence of drinking, and continuously refused to take a drinking test even after he was arrested as an offender in the act of committing an act of committing an offense, and taking full account of various circumstances, including the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the commission of an offense, and other various circumstances, which are the conditions for sentencing as shown in the instant records and arguments, it is not recognized that the sentence imposed by the lower

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.