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(영문) 부산지방법원 2018.09.13 2018노2540
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant: (a) scrapped his/her own vehicle after the instant crime; (b) expressed an active intention, such as taking mental treatment at a alcohol professional treatment hospital; and (c) the instant judgment becomes final and conclusive, the sentence of the said suspension of sentence becomes void and thus, ought to be actually reinstated until the suspended sentence becomes final and conclusive.

However, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of injury and two years of suspended execution, and was prosecuted for the crime of drinking alcohol driving during the suspended execution period, but was sentenced to a fine, and committed the instant crime even during the said suspended execution period, and the lower court sentenced the sentence to be lower than the lower limit of the statutory penalty by taking account of the aforementioned circumstances into account, and there is no new change in circumstances that would change the sentence in the trial.

In addition, if the court below comprehensively takes into account the defendant's age, occupation, family relation, health status (e.g., depression), and all the conditions of sentencing on the part of the defendant in the process of transformation, such as records and circumstances leading to the crime, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. Accordingly, 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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