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(영문) 대구지방법원 2019.05.30 2019노1108
도로교통법위반(음주측정거부)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant responded to the measurement of drinking alcohol upon a police officer’s request for sobage measurement.

B) The Defendant did not act as if he did so to the victim G. C) The Defendant abused the victim H and inflicted an injury on him, but inasmuch as the Defendant saw the mos in custody on the vehicle, left the mos J to cut off the mos in the vehicle, the Defendant did not threaten the victim.

2) The lower court’s sentencing (one year and two months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. In light of the circumstances stated in its reasoning, the lower court determined that the Defendant, as stated in the judgment of the lower court, could each recognize the facts that the Defendant did not comply with the police officer’s request for alcohol alcohol measurement as stated in the facts constituting the crime of the lower judgment, and acted with the victim G as if he was dead, and that the Defendant could also recognize the facts of threatening the victim and the victim’s H

The judgment below

Examining the reasoning of the lower court in comparison with the evidence examined, the lower court’s fact-finding and judgment are justifiable, and there was no error by misapprehending the facts, thereby adversely affecting the judgment.

3. The Defendant had a record of four times of punishment, including one time of the suspended sentence of imprisonment due to drunk driving, and seven times of punishment including one time of suspended sentence of imprisonment due to assault, etc.

In particular, on December 16, 2016, the Defendant was sentenced to a suspended sentence of one year for special intimidation, etc. and committed each of the crimes in this case during the suspended sentence period.

The Defendant, while carrying dangerous objects, threatened the victim G, who is a victim of disability, and subsequently injured the victim H, who is the elderly.

The defendant did not receive a letter from the above victims.

On the other hand, the degree of injury of the victim H is not limited, and the defendant has no record of punishment.

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