도로교통법위반(음주측정거부)등
The defendant's appeal is dismissed.
1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. A favorable circumstance such as the Defendant’s acknowledgement of each of the instant crimes and reflection of the facts.
However, the Defendant committed each of the instant crimes (including the previous crimes before suspension of execution) in a short period without being aware of, even though he was punished for such crimes as drinking, driving without a license, etc. (including the previous crimes before suspension of execution). However, the Defendant committed each of the instant crimes on February 2017, which led to a series of crimes on April 2017.
In light of the above unfavorable circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc., and the fact that it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), etc., the lower court’s punishment is too unreasonable.
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.