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(영문) 전주지방법원 2016.03.25 2016노191
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized all of his criminal acts, and that the defendant's main figures wanted to be able to reversely the defendant's wife against the defendant is favorable to the defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant drives a vehicle without a driver's license without a driver's license and fails to comply with a police officer's legitimate request for alcohol testing, that the crime has the record of criminal punishment five times due to the same type of crime even before, and that the crime of this case was committed during the period of repeated crime due to drinking driving, etc.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That since it is apparent that the “Article 35 of the Criminal Act of 1. Aggravation of Cumulative Offense” was omitted in the front of the “increased 1. Aggravation of Cumulative Offense” in the application of the law of the court below, it is obvious that it was omitted by mistake, it is corrected to add it ex officio in accordance with

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