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(영문) 광주지방법원 2015.07.07 2014노2229

도로교통법위반(음주측정거부)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unhued and unreasonable.

2. In full view of the factors of sentencing unfavorable to the Defendant, such as refusing to take a drinking test even when the Defendant was subject to criminal punishment on a multiple occasions, and the Defendant was driving a vehicle installed on the road near the house to park parking lot in order to park the vehicle at the apartment parking lot. In full view of the favorable sentencing factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various circumstances that form the conditions of sentencing specified in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is difficult

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