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(영문) 청주지방법원 2021.02.17 2020노1432

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the following circumstances: (a) the Defendant was a criminal defendant for the same kind of suspended sentence on two occasions; (b) the Defendant was repeated during the period of the same suspended sentence; and (c) other circumstances constituting the conditions of sentencing as indicated in the records and pleadings, the lower court’s sentence that is lower than the minimum statutory penalty cannot be deemed unfair because it exceeded the reasonable scope of discretion.

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 without merit. It is so decided as per Disposition.