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(영문) 서울서부지방법원 2017.07.13 2017노444

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged of the instant case, inasmuch as the Defendant did not drinking alcohol and complied with the measurement properly, there was an error of misunderstanding of facts.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

가. 사실 오인의 점 원심이 적법하게 채택, 조사한 증거들 중 특히 증인 I의 ‘ 피고인이 계속 측정을 안 하고 빨대에 대고 부는 시늉만 해서 측정이 되지 않았다.

A statement to the effect that “the Defendant was able to drink 30 years old her, she was dnicked with her at her home, and her driver was driven to her home in order to have her home home and her home home home.

5m level of driving.

The Defendant’s assertion that this part of the charges of this case is not acceptable, in full view of the statement that “a statement of traffic accident is prepared after hearing the horses and preparing a written statement of traffic accident occurrence,” etc.

B. Although there are no favorable circumstances, such as the fact that the defendant has no means to punish the defendant, the defendant does not seem to be unfair because the punishment of the court below is too large in light of the fact that the defendant denies the errors up to the trial and is consistent with the reasoning of the court, and the equity with the same similar case.

Therefore, we cannot accept this part of the defendant's assertion.

3. In conclusion, the defendant's appeal of this case is dismissed as it is without merit. It is so decided as per Disposition.