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(영문) 광주지방법원 2014.12.04 2014노1261
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.

2. The facts that the Defendant appears to recognize and reflect the instant crime are favorable; however, the Defendant has already been punished by a fine more than three times due to drinking driving; the drinking driving is highly likely to cause traffic accidents and thus, it is necessary to strictly diversify the Defendant’s age, character and behavior, environment, background and consequence of the instant crime; the circumstances after the instant crime; and the sentencing conditions indicated in the instant case, such as sentencing in a similar case, are considered to be too unreasonable. Thus, the Defendant’s above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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