도로교통법위반(음주운전)
The defendant's appeal is dismissed.
The Defendant was on duty to punish the lower court.
The appeal was lodged.
The judgment below
Since then there is no significant change in circumstances to consider the sentencing of defendants.
Considering the Defendant’s petition of appeal, statement of reason for appeal, and other factors of sentencing revealed in the record of trial, the lower court’s punishment is heavy even considering the circumstances alleged by the Defendant.
subsection (b) of this section.
On the other hand, the defendant asserts that he was in a state of mental and physical loss or mental weakness by drinking alcohol at the time of committing the instant crime.
In light of the background leading up to the instant crime, the means and methods of the instant crime, the circumstances before and after the instant crime, etc., the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.
shall not be deemed to exist.
Therefore, the defendant's appeal is dismissed without pleading pursuant to Article 364 (5) of the Criminal Procedure Act.