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The defendant's appeal is dismissed.
Costs of lawsuit shall be borne by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol at the time of the instant crime, and the lower court neglected it.
B. The sentence of the lower court’s sentencing (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.
2. Determination
A. According to the records on the determination of the claim of mental disability, the defendant can recognize the fact that he had drinking alcohol at the time of the crime. However, in light of the circumstances indicated in the records, such as the background of the crime and the conduct before and after the crime, it cannot be deemed that he/she had the ability to discern things and make decisions under the influence of alcohol.
This part of the defendant's assertion is not accepted.
B. Although the Defendant appears to have an attitude against the Defendant’s judgment on the assertion of unfair sentencing, and agreed with the victim, considering the fact that the instant crime could have led to a traffic accident that may cause fatal harm to many unspecified persons, and other various circumstances that are conditions for sentencing as indicated in the record, such as age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court cannot be deemed to be too unreasonable.
3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that there is no ground for appeal, and the cost of the lawsuit is KRW 7.50,000 pursuant to Articles 191(1) and 190(1) of the same Act (i.e., remuneration of KRW 400,000 for a public defender in the original