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(영문) 부산고등법원 (창원) 2013.06.21 2013노1
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (five million won of fine) imposed on the accused by the first instance court on the summary of the reasons for appeal is too unreasonable;

2. Determination factors are recognized as favorable sentencing factors, such as the defendant's recognition of his/her criminal act, the fact that he/she is against his/her own will, the respect for alcohol and the fact that he/she is receiving hospital treatment with the office of refund, and the fact that it is difficult for the beneficiary under the National Basic Living Security Act

However, even though the Defendant did not have a driver's license, the Defendant was driving without a driver's license, and the quality of the crime was extremely poor, and sentenced to imprisonment with prison labor on March 9, 2001 for the violation of the Road Traffic Act (driving) on March 9, 2001, and each fine of KRW 300,000,000 for the violation of the Road Traffic Act of 2009 and 2010 was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act of 2012, but at the same time, committed the instant crime.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, means and consequence of the instant crime, and various circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it is too unreasonable.

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 on the ground that it is without merit. It is so decided as per Disposition.

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