도로교통법위반(음주측정거부)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The fact that the defendant recognized his mistake and reflected his mistake is favorable.
On the other hand, driving under the influence of alcohol is highly likely to pose a threat to the life and body of others, and there is a need to strictly punish it; the Defendant again commits the instant crime even after having been punished several times for the same kind of crime; in particular, the Defendant committed a crime without a license or a crime of refusing to drive a license or to measure drinking on June 12, 2018, which was investigated by an investigative agency and prosecuted on February 26, 2018, and is also highly likely to repeat the crime in light of these circumstances.
They look at the disadvantage of the state.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.