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(영문) 제주지방법원 2019.10.10 2019노513
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant appealed on the ground that the sentence of the lower court is too unreasonable (eight months of imprisonment), in light of all the sentencing conditions shown in the records and arguments in this case, even if considering the family relationship and economic situation of the Defendant, it is not recognized that the lower court’s sentence close to the lower limit of the statutory penalty after reducing the imprisonment with labor that the Defendant selected as to the instant crime on the grounds stated in its reasoning is too unreasonable.

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, Article 148-2 (1) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) shall be amended to "Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018)" as "Article 148-2 (2) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018)."

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