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(영문) 울산지방법원 2017.11.30 2017노1189

도로교통법위반(음주측정거부)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

On December 3, 2015, the Defendant was sentenced to imprisonment for six months due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (licenseless Driving) at the Ulsan District Court on December 3, 2015, and was sentenced to two years of suspended execution, etc. on December 11, 2015, and committed the instant crime without being aware of the fact that the judgment became final and conclusive and conclusive on December 11, 2015.

The Defendant attempted to deceive the investigative agency by mobilization of a person who is under investigation into the crime of this case.

There is no sentencing guidelines for crimes of violation of Road Traffic Act (refluence) and violation of Road Traffic Act (unlicensed driving) as stated in the present arguments and records, including the above favorable circumstances, unfavorable circumstances, the defendant's age, character and character environment, the motive and consequence of the crime, the circumstances after the crime, etc.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

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.