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(영문) 대전지방법원 2016.11.24 2016노1403

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the court below on the defendant is too unreasonable.

2. In full view of the following: (a) the Defendant’s confession of the instant crime and the Defendant’s confession is against the Defendant; (b) the fact that the Defendant has no record of criminal punishment is favorable to the Defendant; (c) the Defendant’s age, character and conduct, environment, motive, means, and consequence of the instant crime; and (d) various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence; and (c) the circumstances that the lower court assessed that the lower court exceeded the reasonable bounds of discretion in sentencing determination; or (d) there are no newly presented materials in the course of the trial of sentencing at the trial of the lower court (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.