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(영문) 수원지방법원 2014.04.02 2013노6295
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is excessively unreasonable.

2. In full view of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s sentence cannot be deemed unfair on account of the following factors: (a) the Defendant was punished several times for the same crime; and (b) the Defendant committed another crime in this case without being aware of the fact that he/she was subjected to a suspended sentence due to drinking driving in the Sungnam branch of the Suwon District Court on May 24, 2012; and (c) the lower court sentenced the maximum imprisonment by discretionary mitigation of imprisonment for the crime of violating the Road Traffic Act (e.g., imprisonment for the crime of violation of the Road Traffic Act).

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

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