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(영문) 수원지방법원 2017.07.14 2017노3251
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the Defendant’s punishment by comprehensively taking account of the following factors: (a) the Defendant was subject to punishment on a disadvantageous condition to the Defendant; (b) the Defendant had a record of being sentenced to imprisonment due to drinking driving; (c) the Defendant was sentenced to a suspended sentence due to driving without a license; (d) the Defendant committed the instant crime during the period of repeated offense after being sentenced to a non-license; and (b) the inevitable circumstances that the Defendant had to drive at the time of the instant crime; and (b) the Defendant’s depth reflects the Defendant’s criminal act; and (c) the most person who must support his wife and children after the instant crime, comprehensively taking into account all the factors such as the Defendant’s age, sex, environment, and circumstances after the crime.

The sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by fully taking into account the above conditions of sentencing, and there is no change in the sentencing condition that can be deemed unfair to maintain the sentencing of the lower court as it is. Therefore, it is difficult to view that the lower court’s sentencing is unfair because it is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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