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(영문) 서울서부지방법원 2017.11.16 2017노1007
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for one year of imprisonment, 40 hours of lecture order for compliance driving, 80 hours of community service order) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the confession of the instant crime and the Defendant reflects his mistake; (b) there was no previous conviction exceeding the fine; and (c) selling the instant vehicle.

However, the Defendant had been punished several times for the same crime, and in particular, in September 2016 and October 201, the Defendant committed the instant crime again at six months of the fine despite being discovered by driving without a license for driving without license, and thus, committed the instant crime. The instant crime was committed by making it difficult to punish drinking drivers by refusing to drive without license and to measure drinking, and the nature of the relevant crime is not good. In full view of the Defendant’s age, sex, environment, the circumstances and consequence of the instant crime, and the circumstances after the instant crime, etc., the Defendant’s punishment is too excessive and unfair. Thus, the Defendant’s argument of sentencing is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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