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(영문) 수원지방법원 2015.05.29 2014노5242
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 (fines 5,00,000) is too unreasonable.

2. It is true that there is a condition for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case and there is no record of criminal punishment except once a fine, but the defendant did not comply with the request for measurement of lawful drinking by the police officers more than three times, and the quality of the crime is poor. The statutory punishment for the violation of the Road Traffic Act is "the 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 ten million won," and the court below sentenced the maximum amount of the statutory punishment, and in full view of other various circumstances, including the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the court below's sentence is too unreasonable. Thus, the defendant's allegation of unfair sentencing is without merit.

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

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