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(영문) 대구지방법원 2017.09.14 2017노1178
도로교통법위반(음주측정거부)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. Although the Defendant had been punished for the same kind of crime, such as driving of drinking, refusing to measure drinking, etc., the Defendant committed the crime of refusing to measure drinking again during the period of suspension of the execution of the crime due to this type of crime.

However, in full view of the following factors: (a) the Defendant recognized the facts charged; (b) the period of punishment for the same kind of crime (2005 and year 2014) and frequency (2) of the Defendant; and (c) other conditions of sentencing as indicated in the record, such as the Defendant’s age, sex, environment, family relationship, circumstances leading to the commission of the crime; and (d) circumstances after the commission of the crime, the lower court’s sentence is deemed unreasonable and unreasonable

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

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