도로교통법위반(음주측정거부)등
The defendant's appeal is dismissed.
Part III of the judgment of the court below is "the latter part of Article 37 and Article 39 (1) of the Criminal Act".
1. Summary of the grounds for appeal and the sentencing (in original case: Imprisonment with prison labor for a year and two months);
2. The lower court determined the sentence by comprehensively taking account of the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: Cumulative accumulation of criminal records of the same kind, persons subject to mitigation of recidivism, etc. during the period of the suspension of imprisonment: confessions, the Defendant’s family members and branch members, etc., and the reasons for unfair sentencing alleged by the Defendant are the circumstances that the lower court determined the punishment, and the sentence of the lower court determined accordingly is appropriate within the scope of discretion.
In addition, there is no reason to judge that the sentencing conditions have changed in the trial.
Therefore, it is reasonable to respect the sentencing of the lower court, and thus, the Defendant’s assertion of unfair sentencing 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 ground that there is no reason to reject the appeal, and the part of the judgment of the court below which clearly states a clerical error is corrected in accordance with Article 25 (1) of the