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(영문) 수원지방법원 2017.12.20 2017노7712
도로교통법위반(음주측정거부)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. It is recognized that the judgment of the defendant is against the depth of the crime of this case, the support for family members, the health condition of family members is not good. The crime of this case is acknowledged that the crime of this case is in the concurrent crime relation between the violation of Road Traffic Act (driving of alcohol) for which the judgment has become final and the violation of the Road Traffic Act (driving of alcohol) and the group after Article 37 of the Criminal Act, and that it is necessary to consider equity with the case of concurrent crimes under

However, the crime of this case is a situation unfavorable to the defendant, where the defendant refused a police officer's request for the measurement of drinking without any justifiable reason, and the crime of refusing to take a measurement of drinking is strictly punished in light of the seriousness of damage caused by driving of drinking, etc., and the defendant has already been punished several times due to drinking driving, and the crime of this case was committed while being tried due to driving of drinking.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant and the prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or is not unreasonable because it is too heavy.

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

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