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(영문) 서울고등법원 2013.03.08 2012노4265
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the lower court (two years of suspended execution for one year of imprisonment, 80 hours of community service and lecture of compliance driving) is too unreasonable;

2. The Defendant, without a driver’s license, did not comply with a police officer’s demand for a breath test while driving a vehicle while under the influence of alcohol.

In light of the specific contents of the above crime and the circumstances of drunk driving, etc., the defendant's personality and behavior, environment, motive and means and consequence of the crime, etc., comprehensively considering all of the sentencing conditions in this case, including the defendant's age, character and behavior, environment, motive and means of the crime, circumstance after the crime, etc., which are favorable to the defendant, it cannot be deemed that the sentencing of the court below, which has suspended the execution of imprisonment and added the community service order to the defendant, is unfair because it is too too unreasonable, considering the sentencing factors favorable to the defendant, including the purport of the revision of the Road Traffic Act, which was prepared to strictly prohibit the defendant from drinking or unlicensed driving.

Therefore, the defendant's assertion is without merit.

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

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