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(영문) 춘천지방법원 2013.06.26 2013노313
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. The judgment of the court below has favorable circumstances such as the fact that the defendant divided his mistake into one another, and reflects his behavior. However, since there are reasonable grounds to recognize that the defendant driving of a vehicle without a driver's license and driving of the vehicle without any justifiable reason, since police officers failed to comply with the above request for a drinking measurement without justifiable reasons, the crime is not less severe in light of the form of crime, etc., and the defendant committed each of the crimes in this case again without being informed of himself during the period of suspension of execution of the same kind of crime. The court below's decision of the court below, after selecting imprisonment, sentenced the highest punishment out of the applicable sentence through a limited reduction of volume. The current Road Traffic Act provides that the defendant's punishment is more severe than mere drinking driving where the defendant refuses to take a drinking test without justifiable reasons for the purpose of preventing the traffic safety of the road traffic and ensuring the awareness of it, and the defendant's motive and circumstances of the crime in this case are not recognized as being unfair after considering various circumstances such as the defendant's motive and circumstances of the crime in this case.

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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