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(영문) 광주지방법원 2014.09.12 2014노1869

도로교통법위반(음주측정거부)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The fact that the defendant recognized his mistake and received kneeless surgery, etc. is not good for health; however, there are many criminal convictions in the same kind of driving without obtaining a license or driving without license; on January 17, 2014, the defendant was sentenced to imprisonment with prison labor for six months and for three months after suspension of execution; and on the other hand, six months after the court below sentenced to discretionary mitigation is the lowest sentencing range; and on the other hand, six months after the court below sentenced to discretionary mitigation, the court below's punishment is too unreasonable, taking into account various sentencing conditions in the arguments of this case, such as the background of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc.; thus, the defendant's assertion is without merit.

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