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(영문) 울산지방법원 2021.03.19 2020노1529
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Recognizing the Defendant’s commission of his/her crime, the Defendant seems to reflect his/her mistake in depth.

However, the defendant driving at a dangerous level to the police immediately before the crime of this case, resulting in danger to other traffic participants, and the defendant was punished six times or more due to the crime of violating the Road Traffic Act (in which case the execution of imprisonment was suspended on two occasions), and in addition, considering the fact that it is inevitable to severely punish the crime of this case, and all of the sentencing factors in the process of the records and arguments, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment against the defendant is too excessive and unfair.

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

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