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(영문) 창원지방법원 2018.08.23 2018노1603
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes with mental and physical disorder under the influence of alcohol (the Defendant appealed from sentencing on the first trial date of the first trial of the trial of the first instance).

However, the grounds for appeal submitted by the Defendant include both mental and physical loss or mental weaknesss on the grounds of appeal, and do not explicitly withdraw them, the above argument is examined). (B) The punishment of the lower court which is unfair in sentencing (no. 8 months) is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mental disorder, the circumstance that the defendant was under the influence of alcohol at the time of each of the crimes in this case is recognized.

However, the defendant spawn at a restaurant at the investigative agency with the knowledge that the defendant's house does not regulate the driving of ordinary drinking, and was driven by drinking to the police officer who was exposed to the police officer, so he did not obtain a license or a fine, and signed the notice of the result of the crackdown on driving of drinking, the statement of the situation of the driver, and the voluntary accompanying consent in the name of the other person.

Considering the fact that the defendant made a statement, the defendant was unable or weak to discern things by drinking at the time of each crime of this case.

It does not appear.

The defendant's mental disorder is not accepted.

B. The lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable circumstances and unfavorable circumstances for the Defendant, and there is no special change in circumstances that may change the sentencing after the sentence of the lower judgment.

In addition, the sentencing conditions, such as the age, sex, environment, motive, means and result of the crime, the circumstances after the crime, etc., shall be imposed.

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