도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, 40 hours of community service order, and 40 hours of order to attend a compliance driving lecture) imposed by the court below is too unreasonable.
2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the fact that the defendant's economic situation is not good, that there is a family member to support the defendant. If the judgment of the suspension of the execution of imprisonment in this case becomes final and conclusive, the reason why the defendant is disqualified for employment of sports leaders, that the defendant has no criminal record, and that the most recent criminal record of drinking driving was 2010 years
However, it is recognized that the crime of refusing to measure drinking of this case is not good, that the defendant has already been punished three times by a fine due to drinking driving, and that there is a criminal record of total six times of punishment including one time of suspended sentence for a crime other than this type of crime.
In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.