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(영문) 대구지방법원 2021.01.15 2020노3256
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant shows an attitude against his or her will while recognizing his or her mistake, that the defendant has no criminal record of imprisonment or imprisonment without prison labor, and that the defendant has to support the mother and wife suffering from dementia and her children.

However, there are many kinds of records that the Defendant was punished due to drinking or non-licensed driving (four times due to drinking driving, four times due to non-licensed driving), and further, even though the Defendant was sentenced to a suspended sentence of imprisonment on July 24, 2019 and the judgment became final and conclusive on August 1, 2019, the Defendant did not know himself during the suspended sentence for three months, and did not have any special circumstance to change the sentence of the lower court after the sentence was sentenced, and there is no other special circumstance to change the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court is too unreasonable, even if examining the sentencing conditions indicated in the argument of the instant case, such as the Defendant’s age, sexual behavior, environment, motive and circumstance after the crime, it is not recognized that the sentence of the lower court is too unreasonable.

3. According to the conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is well-grounded, but it is apparent that the entry of reduction of amount is omitted by mistake in the application of the law of the lower court. As such, in the last part of the application of the law of the lower court in accordance with Article 25 of the Regulation on Criminal Procedure, “1. Small amount mitigation Criminal Act is corrected by adding” under Articles 53 and 55(1)3 of the

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