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(영문) 부산고등법원 2013.03.21 2012노727
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (a fine of five million won) is too unreasonable.

2. A favorable circumstance as argued in the grounds for appeal is that the defendant has divided his mistake and again is prohibited from driving under the influence of alcohol; that there has been no record of punishment for driving under the influence of alcohol during the last six years; that the defendant who is in a state of visual disability Grade 6 is supported by the father who is a person with a disability and his personal consciousness as a person with a basic disability without delay; and that the defendant supports the father who is a person with a disability and his personal consciousness.

However, in full view of the various sentencing factors indicated in the records of this case, including the defendant's age, occupation, and circumstances leading to the crime of this case, even if the defendant's assertion of the reasons for appeal is considered as the reasons for appeal, it is not recognized that the sentence imposed by the court below is too unreasonable even if it is considered that the defendant's assertion of the reasons for appeal is considered as the reasons for appeal, and thus, the defendant's allegation of the reasons for appeal is too unreasonable. Thus, the defendant's ground for appeal is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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