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(영문) 서울고등법원 2012.11.15 2012노2995
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (7 million won of a fine) declared by the court below is too large.

2. Although there are circumstances that can be considered for the defendant, such as the fact that the defendant repents and reflects his mistake, and that the defendant's living conditions as North Korean defectors are not good, the crime of this case does not seem to be improper because the defendant's punishment is too too unreasonable, considering the following factors: (a) the crime of this case was committed since two months have not passed since the defendant was discovered due to drinking driving; (b) the defendant's failure to comply with a police officer's legitimate request for alcohol measurement; (c) the defendant caused an accident where he was committed while driving under the influence of alcohol in this case; and (d) other various sentencing conditions indicated in the records, such as the defendant's age, character, character, environment, family relationship, circumstances leading to the crime of this case, and circumstances after the crime.

Therefore, the defendant's above assertion 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 ground that the defendant's appeal is groundless.

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