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(영문) 광주지방법원 2020.10.22 2020노2065
도로교통법위반(음주측정거부)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. The fact that the Defendant recognized and reflected the instant crime, and that the accident of the instant crime following the instant accident is relatively minor, and that the agreement with the victim was reached is favorable.

On the other hand, there are several criminal records against the defendant, during which they are sentenced to a suspended sentence of imprisonment, and the defendant committed the crime of drinking driving, driving without permission, driving without permission, and taking measures after the accident without being imprisoned or being able to do so even though he was prosecuted due to the crime of refusal of drinking alcohol measurement in this case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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