beta
(영문) 수원지방법원 2015.12.09 2015노3331

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (five million won of fine) is too unreasonable.

2. The judgment of the court below is based on the following circumstances: (a) the defendant led to the confession of and reflect against the crime of this case; (b) there is no record of criminal punishment as the first offender; (c) the health of the defendant is good; and (d) economic situation is difficult, the crime of this case is refused by the police officer to take a drinking test without justifiable grounds; and (c) the case is not less than one year but not more than three years and not more than five million won and not more than one million won; and (d) the statutory penalty for the crime of this case constitutes a fine; and (e) the court below imposed a fine on the defendant; and (e) comprehensively takes into account all other circumstances that are conditions for sentencing, such as the defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the court below is too

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.