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(영문) 대구고등법원 2013.07.04 2012노565
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of KRW 3.5 million) is too unreasonable.

2. The Defendant is a primary criminal who had no previous criminal record, and the Defendant recognized the instant crime and repented his mistake.

The defendant is a basic living beneficiary, and in the absence of child support from the husband before divorce, he/she shall support one mother and one child as a married child.

Such circumstances are favorable to the defendant.

However, the crime of this case was committed in the state of drinking by the defendant, but the defendant did not comply with the request of a police officer for a proper drinking test, and it is not good to commit the crime.

Such circumstances are disadvantageous to the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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