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(영문) 제주지방법원 2015.05.14 2015노83
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The defendant has a stimulious and stimulative disorder with alcohol, and therefore, the defendant was in a state of weak ability to discern things or make decisions at the time of committing the crime in this case.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment and a fine of 1.5 million won) is too unreasonable.

2. Determination

A. According to the record on the part of mental and physical disability, it appears that the defendant has alcohol respect and stimulative disorder (e.g., depression). In some cases, it is recognized that some of the crimes were under the influence of alcohol.

However, in light of the circumstances leading up to each of the instant crimes, means, and consequence, the Defendant’s behavior or attitude (in particular, including the violation of the Resident Registration Act, which appears to be capable of evading punishment or liability) after the commission of the instant crimes, it cannot be deemed that the Defendant was in a state of lacking ability to discern things or make decisions due to the symptoms or alcohol at the time of the instant crimes.

The defendant's above assertion is not accepted.

B. As to the fact that the Defendant recognized most of the crimes of unfair sentencing and did not seem to have caused damage due to each of the crimes of this case, the victim T and the lower court agreed on and reached an agreement between the lower court and the Defendant, the owner of the victim I and G rocketing taxi vehicles, and reached an agreement with the victim I and G rocketing taxi transportation company, the lower court, etc., may take into account

However, it is difficult to find reasonable grounds in terms of the motive for the intimidation, insult, and bodily injury of this case, and there was a risk of impeding the duties of a hospital or the duties of a police officer, which is a public institution, and ② on July 9, 2008, the defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act at Jeju District Court on July 9, 2008, and was sentenced to a suspended sentence of five times or more as a crime of drunk driving.

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