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(영문) 의정부지방법원 2020.06.25 2020노895

도로교통법위반(음주측정거부)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The Defendant shows an attitude to recognize all of the instant crimes and seriously reflect on them.

However, since the defendant has been punished several times, including imprisonment with prison labor due to drinking driving, and the defendant again committed a crime of refusing to take a drinking again while being tried as a crime of refusing to take a drinking level, it is very important to commit such crime.

I would like to say.

The punishment sentenced by the court below shall be the lowest sentence, unless the minimum statutory penalty is sentenced to discretionary mitigation for two years.

Considering the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and all factors of sentencing as shown in the instant records and pleadings, it is difficult to see that the sentence imposed by the lower court 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 ground that it is without merit. It is so decided as per Disposition.