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(영문) 대전지방법원 2015.07.02 2014노3560

도로교통법위반(음주측정거부)등

Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 3,00,00) of the original judgment is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake reflects his/her depth and repents; (b) there is no past record of criminal punishment exceeding a fine; and (c) the beneficiary of basic living security appears to be not adequate for economic conditions.

However, the crime of this case is not unfair because the defendant, without mandatory insurance, drives Ortoba without any justifiable reason, and refuses to comply with a drinking test by a police officer without any justifiable reason even though he was required to do so. The defendant has a record of being punished for the same kind of crime, and there is no other unfavorable circumstances such as the defendant's age, character and behavior, environment, circumstances of the crime of this case, and circumstances before and after the crime. In addition, it is not recognized that the sentence of the court below that sentenced a fine is too unreasonable to the extent that the sentence of the court below is reversed.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition by Article 25(1) of the Regulations on Criminal Procedure, and the "Article 55(1)3" in the third fourth part of the judgment of the court below shall be corrected to "Article 55(1)6."