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(영문) 수원지방법원 2015.05.27 2014노4107
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (five million won of fine) is too unreasonable.

2. Even when considering the fact that the defendant's criminal act was committed at the time of and against the criminal act, and that there is a family member to support the criminal act of this case, the criminal act of this case was committed on March 2011 by the defendant, even though there was a history of being sentenced to a fine of KRW 8 million due to the violation of the Road Traffic Act on March 201, and there was a considerable reason to recognize that the defendant driven a vehicle while under the influence of alcohol by the police officer, and in addition, the defendant did not comply with the request for measurement of alcohol without any justifiable reason, and the nature of the crime is not good in light of the circumstances of the crime, method and contents, etc., and in full view of all other circumstances, such as the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable. Thus

3. Therefore, 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 groundless. It is so decided as per Disposition

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