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(영문) 청주지방법원 2019.05.24 2019노344
도로교통법위반(음주측정거부)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. A favorable circumstance is that the defendant's attitude to recognize and reflect the instant crime is favorable to the defendant's and prosecutor's assertion of unfair sentencing, such as the fact that the defendant has a disability in fingers cutting, and that the defendant must support an unquality wife.

On the other hand, even though the Defendant was sentenced to six months of imprisonment for committing a crime of refusing to measure alcohol on July 20, 2017 and the sentence was terminated on January 17, 2018, the Defendant again committed the instant crime during the repeated crime period of which approximately four months have passed since then, and the Defendant had been punished several times due to the same and similar crimes.

In full view of all other circumstances, such as the Defendant’s age, character and conduct, environment, means and consequence, and circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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