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(영문) 부산고등법원 2013.03.21 2012노738
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the punishment (fines 7,000,000) imposed by the lower court is too unreasonable.

2. The judgment has a favorable condition for the defendant, such as the fact that the defendant has divided his mistake and has no record of criminal punishment.

However, in light of the fact that the Defendant, while driving a drunk, caused a sudden scambling accident against the two front-way vehicles, did not comply with a police officer’s request for a drinking test, and the nature of the offense was serious in light of the background, contents, etc. of the offense, and other various sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing 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.

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