도로교통법위반(음주측정거부)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. When considering various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (4 million won of a fine) is too unreasonable.
2. The crime of this case, although there are reasonable grounds to recognize that the defendant was under the influence of alcohol, refused to take a breath alcohol test by a police officer, and the defendant was punished once in around 2008, and the defendant was under the influence of alcohol at around 2008. However, the defendant is under the wrongness while committing the crime of this case, the defendant is under the control of scaming and diving the vehicle at the time, the defendant is under the age of 72 years and is under the control of scaming and diving the vehicle at the time. The defendant is under the control of the defendant as a beneficiary of basic living under the age of 72 years and is under the control of the economic situation, and the defendant has to substitute the payment of a fine by the community service order (it is possible to substitute the community service order with regard to a fine not exceeding 3 million won). In full view of other circumstances that form the conditions for sentencing specified in the arguments of this case, such as the defendant's character and behavior, the environment, and the circumstances after committing the crime, the argument of this case is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;
1. Mitigation of discretionary mitigations under Articles 53 and 55(1)6 of the Criminal Act (the favorable circumstances as set forth in paragraph (2) above)