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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.03.30 2015노399
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. Even when considering the fact that the defendant was aware of and against the crime, the defendant had a record of criminal punishment several times due to drinking, violation of the Road Traffic Act due to driving without a license, violence, and obstruction of performance of official duties, etc. Nevertheless, the defendant committed the crime of this case during the period of repeated crime; the court below, after selecting imprisonment, sentenced the lowest sentence among the applicable sentencing range through discretionary mitigation; and in full view of all other circumstances, such as the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is too excessive and unreasonable. Thus, the defendant's assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition

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