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(영문) 부산고등법원 2013.08.22 2013노295
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 sentence (7 million won of fine) imposed by the court below is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are also circumstances favorable to the Defendant, such as the fact that the Defendant led to the confession of the instant criminal facts and his mistake is divided, that the Defendant has no record of criminal punishment except once a fine due to drinking driving and traffic accidents in 2003, and that the Defendant supports a male-born who is of physical disability Grade II without good health condition and who supports the male-born who is of physical disability Grade II.

However, in light of the fact that the defendant was punished for a drunk driving in the past, even though he had the history of punishment for the past, the defendant was driving a drunk driving, the fact that the defendant was driving after causing a traffic accident that led to a parked vehicle and denied the fact of a drunk driving itself about 30 minutes, and the nature of the crime is not good in light of the fact that it did not comply with the police officer's request for a proper drinking test, and other various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, family relationship

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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