도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. On April 20, 2018, this Court decided to appoint a defense counsel against the defendant on April 20, 2018. The notice of receipt of the records of trial was served on the defendant on April 24, 2018. The defendant appointed a defense counsel on May 2, 2018 and decided to revoke the appointment of a defense counsel on May 3, 2018. However, although the defendant was notified of the receipt of the records of trial, the court did not submit a written reason for appeal within 20 days from the date of receipt of the records of trial, each reflective statement submitted by the defendant before the expiration of the period for appeal.
The sentence of the lower court (one year of imprisonment) is too unreasonable.
2. The fact that the judgment defendant recognized the crime of this case and reflected in the crime is favorable to the defendant.
However, the crime of this case is deemed to have failed to comply with a police officer's request for alcohol measurement without any justifiable reason. The criminal of this case is highly likely to be committed by the defendant, there are many records of punishment for the crime of this case, and the records of punishment for the crime of violation of the Road Traffic Act are three times including punishment. Nevertheless, the defendant committed the crime of this case without being well aware, and the defendant committed the crime of this case without being aware of the fact that he was arrested as an offender and under investigation by an investigative agency, and it is not good that the circumstances after the crime are committed, such as the defendant's age, sexual behavior, environment, circumstance of the crime, circumstances after the crime, etc., and taking full account of all other circumstances that form the conditions of the sentencing of this case as shown in the records, such as the defendant's age, sexual behavior, crime, circumstance after the crime, etc., the sentence of the court below is deemed to be proper, and it is not unfair, since the defendant's improper ground for sentencing of this case
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.