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(영문) 의정부지방법원 2016.06.14 2016노272
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment and forty hours of compliance driving) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.

B. However, in full view of the following circumstances: (a) the Defendant has three times the history of punishment for drinking driving; (b) the drinking driving brings about harm to the life and body of others as well as the driver; (c) there is a need to severely punish the Defendant; (d) there is no special change in circumstances after the decision of the lower court was made; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, circumstances leading to the commission of the crime; and (e) the circumstances favorable to the Defendant, even if considering the aforementioned circumstances favorable to

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition.

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