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(영문) 의정부지방법원 2018.06.04 2017노3596
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, and the community service time of 120 hours) is too unreasonable.

2. The rationale behind the Defendant is that the Defendant recognized the instant crime and reflected, and that there is no record of criminal punishment of suspension of qualifications or more.

However, in full view of all other circumstances, including the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., such as the Defendant’s age, sexual conduct, etc., circumstance of the crime, etc., the sentence of the lower court is deemed to be reasonable, and it does not seem to be too unreasonable, and thus, the Defendant’s argument of sentencing 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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