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(영문) 창원지방법원 2017.01.19 2016노2787
도로교통법위반(음주측정거부)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reason for appeal is too unreasonable because of the punishment (six months of imprisonment) declared by the court below, and the prosecutor asserts that the prosecutor is too unfeasible and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant made a confession of facts constituting a crime and reflects the fact that the defendant caused a traffic accident and that it is not controlled by any traffic accident.

On the other hand, the defendant, while driving without a license under the influence of alcohol, is not good to the quality of the crime, such as refusal of a police officer's request for a measurement of drinking, and despite the fact that he was sentenced to a two-year suspended sentence in August of 2016, he again committed the crime in this case despite the fact that he was under the suspended sentence, and that the suspended sentence has not yet been imposed, and there is a disadvantage to the defendant, such as the fact that the suspended sentence has not yet been imposed.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive, and circumstance before and after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low, and thus, the argument that the sentencing of the Defendant and the Prosecutor is unfair is rejected.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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