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(영문) 대구지방법원 2019.10.18 2019노3260
도로교통법위반(음주측정거부)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one year of imprisonment, 40 hours of order, and 3 years of employment restriction order) imposed on the Defendant by the lower court is too unreasonable.

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

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the defendant recognized all of the crimes of this case and reflects, that the health of the defendant is not good, and that there is no criminal record exceeding the previous conviction of indecent act and fine.

However, even though the Defendant had already been punished twice due to drunk driving, and again was discovered while driving in a drinking state, there is a high risk of recidivism, such as refusing to take a drinking level, and requires strict punishment, and the crime of quasi-indecent act in this case was committed by force by the Defendant during sobrying, and it is also acknowledged that the nature of the crime is very bad.

In addition, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

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

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