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(영문) 광주지방법원 2020.03.31 2020노135
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The fact that the Defendant recognized the instant crime and the Defendant did not have a previous record of drinking after 2015 is an element of sentencing favorable to the Defendant.

On the other hand, there are several criminal records for the defendant, and among them, there are criminal records for a single sentence, and the defendant caused an accident while driving under the influence of alcohol in this case, etc. are elements for sentencing disadvantageous to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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