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(영문) 대구지방법원 2018.03.15 2017노5782

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too large and unfair.

2. The Defendant had a record of being punished several times for the same type of crime, such as drinking and non-licensed driving, and among them, even though the record of being sentenced to suspended execution was included two times or more, the Defendant committed the instant crime.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.