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(영문) 대전지방법원 2015.10.28 2015노2009
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the accused is the circumstances favorable to the accused that the Defendant led to the confession of the instant crime and reflects his mistake, that the economic situation is difficult as a recipient of basic livelihood security, and that the Defendant’s health is not good.

However, even though police officers were called up with 112 report of a person who observed dangerous driving by the defendant, the fact that the defendant's failure to comply with the request for alcohol measurement more than three times and that there was a record of being sentenced to a fine for the same crime, once a fine for the same crime, four times a fine for the same crime, and the fact that the highest sentence is sentenced within a fine of not less than 5 million won but not more than 10 million won, is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

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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