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(영문) 광주지방법원 2015.07.16 2014노3008
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (a fine of five million won) is too unreasonable.

2. Determination factors are favorable sentencing factors, such as the fact that the defendant's mistake is divided and reflected, and that the defendant is economically difficult.

However, the defendant's previous convictions of a fine due to drinking driving two times is an unfavorable factor for sentencing, and considering the following factors comprehensively, such as the background of the crime in this case, the defendant's age, character and conduct, and environment, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

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

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