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(영문) 대전지방법원 2017.02.09 2016노2749

도로교통법위반(음주측정거부)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The fact that the defendant is against his fault is favorable to the defendant.

However, even though the defendant had been punished several times for the same and different crimes, he/she again committed the crime of this case during the period of suspension of execution, taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, environment, sex conduct, motive for the crime, and circumstances before and after the crime, it is deemed that the sentence of the court below against the defendant is too excessive and unfair. Thus, the defendant's improper assertion of sentencing is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 148-2(1)2 and Article 44(1) of the Road Traffic Act on the ground that “Article 148-2(1)2 and Article 44(2) of the Road Traffic Act” is a clerical error in the “Article 148-2(1)2 and Article 44(2) of the Road Traffic Act,” and thus, it is ex officio correction under Article 25(1) of the Regulations on Criminal Procedure.