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(영문) 의정부지방법원 2014.04.30 2014노479
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, due to the summary of the grounds for appeal.

2. The judgment is based on the following facts: the defendant led to the confession of the crime of this case and made a statement that his mistake is divided; the defendant's wife wants the defendant to take the action against the defendant; however, the crime of this case is not limited to the defendant's traffic accident where the defendant was parked in driving under the influence of alcohol and refuses to comply with the police officer's breath measurement; there are three cases of bad character of the crime; the defendant has been punished by a fine or heavier punishment due to drinking driving or refusal of drinking alcohol measurement; the defendant has been punished by a fine, and there are several cases of the records favorable to the defendant; the court below sentenced the maximum imprisonment (six months of imprisonment) with prison labor through discretionary mitigation; there are no special changes in circumstances different from the court below's punishment; the defendant's age, character and behavior, circumstances, motive and circumstance of the crime of this case; and there are no other circumstances that the court below sentenced the defendant to the punishment of this case; considering the circumstances favorable to the defendant.

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

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