도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and sixty hours of social service) is too unreasonable.
2. We need to consider the favorable circumstances, such as the fact that the defendant is making a confession of criminal facts, and reflects the fact.
On the other hand, in light of the above circumstances, the Defendant’s failure to make a complete bypass while driving a motor vehicle while bypassing the motor vehicle and leaving the road in the direction of 45∑ and caused physical damage to the road as an opposite convenience (However, the Defendant refused a police officer’s request for a reasonable drinking test on the above accident, and the Defendant’s criminal record committed a suspended sentence of 1 year in June 1999 and a fine of 1 million won in 2015, which was sentenced to a fine of 1 million won in 2015 due to drinking driving, need to punish the Defendant with severe punishment.
In addition, in full view of the overall circumstances, the lower court is deemed to have determined the sentence against the Defendant by taking into account the overall circumstances, and there is no special change in the trial, and other various circumstances, such as the Defendant’s age, environment, character and conduct, motive for committing the offense, and circumstances before and after the commission of the offense, it is not recognized that the sentence of the lower court is too unreasonable.
3. If so, 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.