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(영문) 대전지방법원 2015.05.14 2015노756

도로교통법위반(음주측정거부)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. It is recognized that there are family members to support the defendant, who are recognized the defendant's wrongs and reflects his or her wrongs.

However, it is highly necessary to strictly punish a criminal act with a high social risk that may cause serious damage. Although the defendant's blood alcohol concentration was not measured at the time of the crime of this case by refusing to take a drinking test, the defendant's blood alcohol concentration was not measured at the time of the crime of this case by refusing to take a drinking test, the defendant seems to have caused an accident involving the driver's driving of the defendant's vehicle in front of the prosecution and caused danger of drinking, and the defendant has been punished several times as a crime of violation of the Road Traffic Act in the past, and the defendant was sentenced to a punishment and again led to the crime of this case without being aware of it during the period of repeated offense, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and circumstances before and after the crime of this case, it cannot be viewed that the sentence against the defendant is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless. It is so decided as per

However, in the application of the law of the court below, it is obvious that the omission of "1. repeated crime 1. Aggravation" and "Article 35 of the Criminal Procedure Act" is a clerical error. Thus, it is corrected to add it ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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