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(영문) 인천지방법원 2015.04.15 2015노631

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below, it may be recognized that the defendant was in a state of drinking at the time of each of the crimes in this case, but the defendant did not seem to have been in a state of mental disorder or mental and physical disability due to drinking at the time of each of the crimes in this case, so the above argument by

B. In full view of all the sentencing conditions indicated in the records and arguments of unreasonable sentencing, the Defendant committed the instant crime during the period of repeated offense, etc., the lower court’s punishment is too unlimited and unreasonable, and thus, the Defendant’s above assertion is not reasonable.

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