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(영문) 대구지방법원 2019.10.25 2019노1760

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (six million won of a fine) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects it, the defendant's economic situation is not good, and the defendant has no criminal record of the same kind.

However, it is recognized that the crime of this case is not good, that the defendant has already been sentenced to 12 times a total of 12 times a sentence including three times a prison term for a crime of double-class, and that the defendant has a record of being subject to juvenile protective disposition due to a drunk driving.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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.