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(영문) 대구지방법원 2020.01.10 2019노4304
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) shall be too unreasonable;

(The legal scenario argument was withdrawn). 2. It is recognized that the defendant's judgment recognized the crime of this case and reflected it, and that the family members of the defendant want to be the wife.

However, it is recognized that the defendant has already been punished five times in total, including the refusal of drinking alcohol measurement and the four times of punishment due to non-driving without a license, and that there has been two times of punishment due to non-driving and non-driving, and that there has been two times of punishment due to non-driving and non-driving, and that there has been two times of punishment due to non-driving and non-driving, and that there has been two times of punishment due to a fine due to a non-driving, and that there has been more criminal records including a total of two times of punishment due to a non-driving, and that there has been two times of punishment due to a non-driving, and that the crime of this case is committed during the period of a repeated crime, in light of the repeatedness of a defendant's non-driving without a license, and that there is a risk of repeating the crime, and that the revised Road Traffic Act has strengthened the criminal punishment by raising the statutory punishment as to it, and that it is also necessary to remove the defendant's non-driving behavior and impose a criminal punishment corresponding to the repeated crime.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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