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(영문) 광주지방법원 2019.08.22 2019노1440
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized each of the crimes of this case and reflected against the defendant is favorable to the defendant.

On the other hand, the following circumstances are disadvantageous to the defendant.

Prior to each of the crimes in this case, the defendant has been punished for drinking driving or driving without a license, etc. on several occasions, and one of them is the wife of suspension of execution, and the one is sentenced to punishment.

Nevertheless, the Defendant committed a crime without obtaining a license during the period of repeated crimes, which had been sentenced to the crime of violation of the Road Traffic Act, and the crime of obstruction of performance of official duties, etc., during the period of repeated crimes, which have completed the execution of sentence according to the judgment that had been sentenced to the crime of refusal of alcohol measurement and the crime of obstruction of performance of official duties, etc.

On December 4, 2018, the Defendant was arrested due to the refusal to take a alcohol test and was released on December 20, 2018. On December 20, 2018, the Defendant driven a alcohol test on December 20, 2018. On April 1, 2019, the Defendant did not comply with the summons even after the prosecution was instituted. The risk of recidivism is very high.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the lower court’s punishment is too unreasonable and unreasonable. Therefore, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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