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(영문) 광주지방법원 2015.07.22 2015노1393
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. Although the judgment of the court below recognizes the defendant's mistake and reflects that the defendant's family environment is difficult, the defendant has a record of being punished for a crime of driving under the same kind of drinking, there are no special circumstances or changes in circumstances that may be considered newly after the decision of the court below, and other various sentencing conditions specified in the arguments of this case, such as the circumstances leading to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, etc., are too unreasonable. Thus, the above argument of the defendant is without merit.

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

(However, Article 55 (1) 3 of the Regulations on Criminal Procedure is apparent that it is a clerical error in Article 55 (1) 6 of the Regulations on Criminal Procedure in Part 3 of the judgment of the court below.

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