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(영문) 수원지방법원 2015.08.26 2015노3092
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is based on the following facts: (a) even though the defendant's attempt to commit each of the crimes of this case is against and against the time limit of each of the crimes of this case; (b) the distance operated without a license is relatively long; and (c) there are family members to support the vehicle, the defendant has been punished several times due to drunk driving and driving without license; (d) the defendant repeats the crimes of non-licenseing and refusing to measure alcohol consumption during the period of probation due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of this case; and (e) the statutory penalty for the violation of the Road Traffic Act (e.g., imprisonment with prison labor for not less than one year but not more than three years, but not more than one million won. Since the court below selected the sentence and decided the sentence, considering the favorable circumstances of the defendant, the defendant's age, character and behavior, family relationship, motive and circumstances after the crime, etc., the defendant's assertion that the sentence of punishment is too unreasonable is too unreasonable.

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

(However, according to Article 25 (1) of the Rules on Criminal Procedure, if the part of the criminal records stated in the first head of the original judgment is deleted, it shall be corrected.

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