도로교통법위반(음주측정거부)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for three years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. The judgment of drunk driving is a crime that may infringe on the life and body of not only the driver but also the citizens using the road, and the defendant committed the crime of refusing to take a drinking test of this case within a short time despite the previous conviction of drunk driving twice, each of the crimes of this case without being aware of the suspension period of the execution due to the crime of this case. In light of CCTV images, the fact that the defendant appears to have taken the part of the defendant at the time of the crime of this case to the extent that he can not properly take the body or speak normally, is disadvantageous to the defendant.
However, considering the circumstances favorable to the defendant, such as the defendant's timing of committing a crime and reflects against the defendant, the defendant's previous convictions twice, but there is no record of criminal punishment exceeding the fine for the same crime, the defendant seems to have been under the time of reflectiveness through confinement life for a considerable period, and the surrounding persons of the defendant appeal and guide their wife, and taking into account all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime, it is judged that the punishment imposed by the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are as stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusal of the measurement of alcoholic beverages), the choice of punishment for the crime;