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(영문) 의정부지방법원 2013.11.21 2013노1988
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended sentence, 80 hours of community service, and 40 hours of attending lectures) of the lower court is too unreasonable;

2. It should be recognized that circumstances such as the fact that there is a family member who should support the defendant on the market, the fact that the defendant's payment of a separate fine is discovered, and the reason why the defendant refuses to take a contingent measurement is to be considered, and the defendant repents his mistake.

However, in light of the circumstances such as the following: (a) the Defendant had a number of criminal penalties, including a series of sentences; (b) the previous previous convictions such as drinking and unlicensed driving, etc., which seems to have a high risk of recidivism in the future; and (c) the Defendant’s sentence against the same criminal is not likely to lose equity compared to that against other criminal offenders of the same kind; and (d) other various sentencing conditions indicated in the records of this case, including the Defendant’s age, character and conduct, family environment, and circumstances after the crime, etc., the sentence of the lower court against the Defendant is too unreasonable.

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

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