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(영문) 부산지방법원 2015.08.06 2015노1847
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (7 million won of fine) is too unreasonable.

2. Although the defendant's judgment on the grounds for appeal of this case recognized the crime of this case, the revised Road Traffic Act strengthened the punishment by raising the statutory punishment on the crime of drinking driving. The crime of violation of the Road Traffic Act (Refusal of measurement) constitutes imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than ten million won but not more than five million won, and the crime of this case constitutes three times or more even though the defendant received a request for a measurement of drinking alcohol by police officers due to reasonable grounds to recognize that the defendant is under the influence of alcohol, and the case is not easy, and the case is not easy, and other various circumstances, such as the motive, circumstance, means and consequence of the crime of this case, and the circumstances after the crime, etc., which are the conditions for the punishment specified in the records and arguments of this case, are too heavy.

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.

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