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(영문) 대전지방법원 2015.02.05 2014노1880
도로교통법위반(음주측정거부)등
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of eight million won) of the original judgment is deemed to be too uneasible and unfair.

2. The instant crime committed by the Defendant is driving Oral ba without purchasing mandatory insurance, while the Defendant was under the influence of alcohol.

The fact that the defendant committed the crime of this case without being aware of the fact that the parked vehicle causes physical damage by shocking the parked vehicle, or refuses to take a alcohol test, is considerably significant, and that the crime of this case is committed during the same suspended execution period, etc. is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant’s mistake is deeply divided and reflected in depth; (b) the victim of a traffic accident has agreed to the victim of a traffic accident; (c) the Defendant supports a mother with inconvenience; (d) the Defendant has been living in custody for a period exceeding fifty (50) days; (c) currently has been engaged in the work in good faith; (d) there is no change in circumstances to change the sentencing after the decision of the court below; and (e) there is no change in circumstances to change the sentencing after the decision of the court below; and and (e) all the sentencing conditions such as Defendant’s age, character and behavior, environment

3. The final appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal is groundless.

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