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(영문) 서울서부지방법원 2014.08.14 2014노365
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The statutory penalty for the crime of violation of the Road Traffic Act in this case, which is determined, is either imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than five million won but not more than 10 million won, and the sentence of the lower court constitutes the lower limit of the fine.

Although there are circumstances in which the defendant leads to the confession of crimes and the economic situation is difficult, such circumstances cannot be deemed to constitute grounds for mitigation of statutory punishment, so it cannot be said that the sentence of the court below is too unreasonable.

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

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