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(영문) 수원지방법원 2016.10.05 2016노2659
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won of fine) is too unreasonable.

2. The Defendant reflects on the crime.

However, the Defendant again committed the instant crime even though he had a previous record of drunk driving once.

The drinking driving of this case is likely to cause serious damage to other road traffic users, and in particular, the crime of this case which refuses to measure the drinking level itself is in need of punishment accordingly.

In addition, considering all other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's 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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