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(영문) 광주지방법원 2017.11.14 2017노3116

도로교통법위반(음주측정거부)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The judgment of the Defendant committed the instant crime and caused a traffic accident when not only four times the records of punishment for driving under the influence of alcohol or without a license, but also the driving under the influence of alcohol, which was punished as a suspended sentence, but also about one month.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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