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(영문) 서울남부지방법원 2013.04.26 2013노245
도로교통법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, the Defendant was deemed to have drinking alcohol at the time of the crime of this case, but in light of various circumstances, such as the Defendant’s behavior before and after the crime of this case and the fact that the Defendant testified in the process of the crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. Although the Defendant received a notice of notification as the disturbance of drinking prior to 1 hour on the instant crime, it cannot be deemed that the nature of the instant crime is good, such as harming traffic again by means of obstructing vehicle traffic, etc. After the lower judgment, there is no particular change in circumstances that may consider the sentencing after the lower judgment. In addition, taking into account the following circumstances: the background and method of the instant crime, the means and method thereof, the circumstances after the instant crime, and the Defendant’s age and happiness environment, etc., and the various circumstances, which are the conditions for sentencing under Article 51 of the Criminal Act as indicated in the records and arguments, the sentence imposed by the lower court is too unreasonable.

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

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