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(영문) 제주지방법원 2016.09.08 2016노170
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and 40 hours of compliance driving) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(2) The lower court determined that the Defendant was guilty of committing each of the instant offenses, and that the Defendant did not have the duty to recognize and reflect the Defendant’s attitude. However, even prior to the instant case, the Defendant had the record of having been sentenced to a fine twice due to the violation of the Road Traffic Act, and that there was a need to strictly punish the instant crime of obstruction of performance of official duties in order to establish the State’s legal order and eradicate public peace. In full view of all the sentencing factors indicated in the instant records and trial process, comprehensively taking account of the Defendant’s age, character, environment, motive and background of each of the instant crimes, means and method of each of the instant crimes, circumstances after the instant crimes, etc., and all of the sentencing factors indicated in the trial process, such as the record and trial process, it cannot be deemed that the sentence imposed by the lower court exceeded the scope of reasonable discretion, or is too unreasonable.

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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