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(영문) 제주지방법원 2019.05.23 2018노581
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant appealed on the ground that the sentence of the lower court (ten months of imprisonment, two years of suspended execution, two years of probation and order to attend a lecture, 40 hours of probation and order to attend a lecture) is too unreasonable, in light of the various sentencing conditions as shown in the records and arguments of the instant case, even if considering the Defendant’s health condition, economic situation, and other developments leading to the instant crime, it is not recognized that the sentence imposed on the Defendant is too unreasonable on the grounds as stated

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, the judgment of the court below shall be amended to "Article 148-2 (1) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018)" as "Article 148-2 (1) 2 and Article 44 (1) of the former Road Traffic Act."

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