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(영문) 수원지방법원 2015.09.18 2015노3150
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 5,00,000) is too unreasonable.

2. It is true that there is conditions favorable to the defendant, such as the fact that the defendant recognized the crime of this case and is against the defendant.

However, in full view of the following circumstances: (a) the Defendant’s failure to comply with a police officer’s request for a lawful drinking test by a police officer who called out after having received a report on an accident involving gas that the Defendant intended to drive a motor vehicle under the influence of alcohol; (b) the Defendant was punished twice due to a drunk driving; (c) the Defendant violated the Road Traffic Act (i) the statutory penalty for the crime of violation of the Road Traffic Act (i.e., imprisonment with prison labor for not less than one year but not more than three years or a fine of not less than ten million won but not more than ten million won); (d) the lower court sentenced the statutory penalty to the maximum statutory penalty; and (ii) other various circumstances that form the condition for sentencing specified in the instant case, including the Defendant’s age, character

Therefore, the defendant's above assertion of unfair sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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