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(영문) 대구지방법원 2017.07.18 2016노5270
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. It is recognized that the Defendant reflects the fact that the Defendant is late and wrong.

However, the nature of the crime is bad in that the police officer sent by the defendant after receiving a report on driving alcohol enters the damaged indoors, locking the entrance, and disregarding the police officer's demand for the measurement of drinking alcohol on several occasions.

In full view of the above circumstances and other conditions of sentencing as shown in the records and arguments, such as the character, conduct, environment, and circumstances after the crime, and the judgment of the court below selecting a fine and sentencing the lowest statutory penalty, the sentence of the court below is too unreasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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