도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. The gist of grounds for appeal (the mental and physical weak and unfair sentencing);
A. The Defendant, at the time of the crime of this case, has a tendency of not memory as to whether the immediately preceding day had a son’s day. The Defendant, at the time of the crime of this case, cannot memory whether he refused to comply with the request for alcohol alcohol measurement.
Therefore, there was a physical and mental weakness.
B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court on the argument of mental and physical weakness, the Defendant: (a) parked the said car at the seat of the Datonel located in Gwangju North-gu, Gwangju-gu; (b) went to the J located in the International District of Gwangju-gu after drinking a taxi again; (c) went to the said taxi again after riding the taxi; (d) was driving the taxi due to the problem of taxi engineer and charge while getting off the said car while getting out of the taxi and getting out of the taxi; and (e) the police officer called out after receiving 112 reports from the said taxi driver, opened the door of the said car where the Defendant was in possession; and (e) was asked whether the Defendant was driving; and (e) the fact that the police officer refused the request for a measurement of alcohol if the other person driven the taxi.
In light of the above facts, the defendant had weak ability to discern things or make decisions at the time of committing the crime of this case.
subsection (b) of this section.
This part of the defendant's assertion is without merit.
B. In full view of the circumstances favorable to the Defendant that the Defendant recognized the instant crime, the Defendant had a record of criminal punishment several times, the background of the instant crime of refusing to measure drinking alcohol, and other circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, sexual conduct, and the circumstances after the crime, the punishment imposed by the lower court is too heavy.
It does not seem that it does not appear.
We do not accept the defendant's unfair argument of sentencing.
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