도로교통법위반(음주측정거부)
The defendant's appeal is dismissed.
1. The punishment sentenced by the first instance court (the fine of KRW 5,00,000) on the summary of the reasons for appeal is too unreasonable; and
2. The Defendant recognized a crime and recognized a favorable sentencing factor, such as the fact that he/she is against his/her own will and has no criminal record of suspended sentence or more.
However, the defendant is also recognized to have a disadvantageous sentencing factor, such as the fact that the defendant had had a record of punishment for drunk driving even before, but has again run a drunk driving and has failed to comply with the police's legitimate request for alcohol
In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, means and consequence of the instant crime, and various circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it is too unreasonable.
Therefore, the defendant's assertion is without merit.
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.