beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing the crime indicated in paragraph (1) of the facts charged in this case, was drunk at the time when he committed the crime, and was in a state of mental and physical disability due to liverness, depression, etc. at the time of committing the crime indicated in paragraphs (2) through (4) of the facts charged in this case.
B. The lower court’s imprisonment (one year of imprisonment) on the ground of unreasonable sentencing is too unreasonable.
2. Determination
A. According to the evidence duly admitted and investigated by the court below as to the claim of mental disability, the defendant suffered liverness, depression, etc. prior to the date of each of the crimes in this case, and was in a state of drinking at the time of the crime as stated in paragraph (1) of the facts charged in this case, but it is difficult to recognize that the defendant had the ability to distinguish things or make decisions due to liverness, depression, drinking, etc., in light of the circumstance of each of the crimes in this case, the method and method of each of the crimes in this case, the contents of each of the crimes in this case, and the circumstances before and after the crime. Thus, the
B. As to the assertion on unfair sentencing, the fact that the Defendant recognized both the instant crimes and suffered liverness and friendly ties, and that health conditions are not good is considered in favor of the Defendant.
However, the defendant was sentenced to imprisonment for a period of eight months due to the violation of the Road Traffic Act on May 11, 2012, and committed each of the crimes of this case during the period of repeated crime, even though the defendant had already been sentenced to a fine by driving under the influence of alcohol during the period of repeated crime, he/she conducted a drunk driving or a non-licensed driving repeatedly in a short period of time, and he/she presented identification card from a police officer dispatched after receiving a report on a signal violation to a pedestrian and a non-licensed driving.