도로교통법위반(음주측정거부)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year and six months of imprisonment) is too unreasonable.
2. Although the Defendant had been punished four times or more by drinking driving, the Defendant committed the instant crime. The Defendant refused a police officer’s legitimate demand for alcohol alcohol measurement, and the Defendant is not good in light of the details and details of the relevant crime.
However, the defendant recognized all of the crimes in this case, and shows his attitude to repent of his mistake.
The family members and branch members of the defendant want to find the defendant's wife continuously.
The distance of the defendant's driving is not visible.
Examining the records of this case and various sentencing conditions shown in the theory of changes, such as equity in both the cases of the same kind of and similar to the defendant's current and unfavorable circumstances, and the defendant's age, gender, environment, background, circumstances after the crime, circumstances after the crime, and records of the crime, the punishment sentenced by the court below is too unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 subparag. 1, 44(1), and 44(2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1 of the Road Traffic Act (amended by Act No. 436 of Jun. 1, 200), the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes involving imprisonment for concurrent crimes
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (the foregoing grounds for sentencing) are favorable.