도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, the defendant suffers from depression, and the major children of the defendant are waiting for marriage, the punishment (six months of imprisonment) imposed by the court below is too unreasonable.
2. Taking into account the circumstances alleged by the Defendant, the Defendant has been punished several times in the past (two times a fine and three times a suspended sentence of imprisonment) due to a violation of the Road Traffic Act (Refusal of measurement of drinking), a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (three times a suspended sentence of imprisonment). In particular, on January 18, 2012, the Defendant was sentenced to two years a suspended sentence on January 26, 2012 due to a violation of the Road Traffic Act (driving at the Changwon District Court) or a violation of the Road Traffic Act (non-exclusive license) and was sentenced to two years a suspended sentence on January 26, 2012 and the judgment became final and conclusive and conclusive on January 26, 2012, but the Defendant committed the instant crime while the Defendant was under the influence of alcohol, and it is not good that the Defendant failed to comply with the measurement of drinking without any justifiable reason, and the Defendant’s records and the circumstances leading up to the instant crime, etc.
3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.