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(영문) 창원지방법원 2016.06.09 2016노829

도로교통법위반(음주측정거부)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The circumstances that can be considered for the defendant such as the fact that the defendant is guilty of a crime, confession and reflects the fact that the defendant is under way.

On the other hand, the Defendant was punished nine times in total due to drinking or non-licensed driving, and was punished three times in total (4 months of imprisonment in 2006, April in 2008, and June in 2014), and even after the execution of the final sentence has been completed, the Defendant committed a crime of refusing to measure drinking of this case, or non-licensed driving, even during the period of the same repeated offense, and thus, it is inevitable to pronounce strict sentence against the Defendant.

The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the overall circumstances of the Defendant and determined within a reasonable scope.

As there is no circumstance that can be newly considered in the trial, the sentence of the court below is too unreasonable because the sentence of the court below 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.