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(영문) 대구지방법원 2018.02.01 2017노5260
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant was committing a crime late following the Defendant, committed a misunderstanding against his will, and again, did not repeat the crime.

However, the defendant has already been punished for a majority of the crimes of the same kind, such as a crime of violation of the Road Traffic Act (drinking driving), a violation of the Road Traffic Act (dacting refusal), and a violation of the Road Traffic Act (dacting without a license). In particular, the defendant's act of driving without a license under the process of investigating the crimes of the same kind on March 18, 2017, and the crime of this case is likely to be criticized in that the defendant failed to comply with the police officer's legitimate demand for the measurement of drinking after receiving a report after causing an accident that occurred while driving without a license, and thus, failed to comply with the police officer's request for the measurement of drinking

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as Defendant’s age, sexual conduct, environment, and circumstances after the commission of the crime, the lower court sentenced the lower court to the statutory minimum sentence that has been mitigated, compared to the first instance court, where there is no change in the conditions of sentencing, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), the lower court’s punishment is too unreasonable.

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

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