도로교통법위반(음주측정거부)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine is paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the original judgment (a fine of ten million won) is too large;
(2) On September 5, 2013, the Defendant and his defense counsel withdrawn the assertion of mistake of facts and misapprehension of legal principles on the second trial date of the trial on September 5, 2013. The Defendant again committed the instant crime of obstruction of performance of official duties and refusal of drinking, even though he had been sentenced to a fine of KRW 3 million in the year 2012, a fine of KRW 2 million in the year 2006, and a fine of KRW 1 million in the year 2012 due to the crime of violation of the Road Traffic Act.
The content of the instant crime also assaults two police officers who were under the influence of alcohol while the Defendant was driving away from the influence of alcohol, and refuses the police officers to make a request for the measurement of alcohol, and the nature of the instant crime is not weak.
These circumstances are disadvantageous to the defendant.
On the other hand, the defendant recognized the crime of this case and reflected his mistake.
The defendant seems to have committed the crime of this case by drinking alcohol.
The Defendant was dismissed from office as a public official (R to the port of call and rural instructor) who had worked for 16 years due to the instant crime.
The defendant is a soldier or policeman wounded on duty, and is a disabled person of Grade VI, a disabled person of Grade V, shall support his/her mother, wife, and two children.
In the first instance, the defendant agreed with D and E police officers, the victims of the obstruction of the performance of official duties of this case, and the above police officers did not want to punish the defendant.
These circumstances are favorable to the defendant.
In addition to this point, considering the various circumstances such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the sentence imposed by the court below is too unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, on the grounds that the defendant's appeal is reasonable.