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(영문) 대구지방법원 2018.01.18 2017노4850
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, against the wrongness, and the Defendant did not repeat again while disposing of the vehicle used for committing the crime.

However, the defendant has already been punished three times due to drinking driving, and in particular, on January 10, 2017, the Daegu District Court was sentenced to imprisonment with prison labor for 6 months for special property damage and was sentenced to a two-year suspended sentence, but he was sentenced to a two-year suspended sentence, but he was sentenced to a four-month grace period, but he was faced with a pent while driving a driver without a driver's license for driving driving again for about 4 months, and the police officer dispatched upon receiving a report was assaulted to inflict an injury, interfere with the performance of official duties, and interfere with the police officer's legitimate demand for the measurement of drinking, which is large to the degree of criticism.

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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