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(영문) 대구지방법원 2013.11.14 2013노2893
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The decision-making accused has divided the crime into depth, and disposes of the vehicle and not repeating the crime.

The defendant is making it difficult for the defendant to do so while living in the bean farm, and is responsible for the livelihood and medical expenses of the aged 80.

However, in 208, the Defendant was sentenced to a fine due to a refusal to measure drinking around 2008, and on February 16, 2012, the Defendant committed the instant crime even though he was under the suspension of the execution after being sentenced to imprisonment for 5 months and 2 years of the suspension of execution.

Although it was not prosecuted under the agreement with the victim, the nature of the crime is not weak due to the traffic accident at the time of the crime in this case.

In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the sentence imposed by the court below cannot be deemed to be too unreasonable.

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

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