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(영문) 부산고등법원 (창원) 2013.09.13 2013노102
도로교통법위반(음주측정거부)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The first instance court's summary of the grounds for appeal argues that the Defendant's punishment (a fine of KRW 6,000,000) imposed on the Defendant is unreasonable, and the prosecutor argues that it is unreasonable.

2. The judgment of the defendant shows his attitude to repent his mistake as he recognized the crime of this case, and it is recognized that there are favorable sentencing factors such as the fact that the substitute driver at the time was not a substitute driver at the time, but the substitute driver and the substitute driver, who are attached to the time, seems to have driven a vehicle on the road with the wind that the vehicle was set up on the road, and that he supported the baby or the mother of the sick.

However, even though the defendant has been punished several times due to drinking and driving without a license, it is also recognized that disadvantageous sentencing factors such as drinking alcohol and driving without a license after drinking alcohol and refusing to comply with a police officer's request for alcohol measurement even though he/she is under the suspension of execution due to the crime of injury.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances revealed in the arguments, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it does not seem to be too light or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. Wherefore, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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