(영문) 수원지방법원 2018.05.09 2018노1598 | 리걸엔진

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(영문) 수원지방법원 2018.05.09 2018노1598

도로교통법위반(음주측정거부)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances that are disadvantageous to the defendant are the following: (a) the defendant refused to take a drinking test in 2013 and 2014, despite the previous convictions of a fine for drinking driving more than twice in 2013 and 2014; (b) the defendant escaped without taking necessary measures even before the lapse of one month to cause a traffic accident; and (c) the victim J who was on board the defendant's driving vehicle in order to prevent it in the course of escape, causing additional injury to the victim J who was on board the defendant's driving vehicle; (d) the driving of drinking is highly dangerous in society; (e) the crime of refusing to take a drinking test is a crime that may cause serious harm to an unspecified person; and (e) the crime of refusing to take a drinking alcohol test requires a strict liability corresponding thereto as it is a crime that makes it difficult to prove and punish a high risk of drinking driving; and (e) the criminal records that

However, the fact that the defendant recognizes his mistake and reflects his depth, the degree of injury suffered by the traffic accident and the victims, and the defendant agreed with the victims, and the defendant's violation of the Labor Standards Act has caused the delayed payment of wages due to the financial difficulties of the company operated by the defendant, and some of the circumstances have to be considered, and the fact that the defendant reached an agreement with the workers in the first instance is favorable to the defendant.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant and the prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or is not unreasonable because it is too heavy.

3. Conclusion, the defendant.

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