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(영문) 청주지방법원 2016.08.18 2016노481
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental and physical disorder was suffering from diseases, such as dyslexic cerebral cerebral typhism, blood transfusion, liveral typhism, and depression. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness due to aggravation

B. The sentence of the lower court (the imprisonment of 8 months and the fine of 150,000 won) is too unreasonable.

2. Determination

A. Even if the Defendant considered all the circumstances indicated in the record, such as the background, means, and method of the instant crime, and the conduct before and after the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to the aggravation of the disease at the time of the instant crime.

It is difficult to see it.

Therefore, the judgment of the court below that found all of the facts charged of this case guilty and did not reduce mental and physical weakness is just and acceptable.

This part of the defendant's assertion is without merit.

B. Circumstances favorable to the Defendant regarding unfair determination of sentencing are as follows.

The defendant repents his mistake and reflects his mistake.

It seems that the damage level of the damaged vehicle caused by the traffic accident by the defendant is relatively minor.

Defendant has no previous convictions.

It seems that the health of defendants is not good.

Circumstances unfavorable to the defendant are as follows:

In 2015, the defendant was sentenced to one year of suspended sentence for six months of imprisonment due to driving of light alcohol, etc., but two weeks have not passed from the date of sentence.

On January 2016, the defendant was punished by a fine due to drinking alcohol driving, etc., so the defendant caused a traffic accident while driving a motor device bicycle not covered by liability insurance without a license.

The defendant did not recover the damage of the damaged vehicle, and the victim was punished for the defendant.

In addition to the above circumstances, the Defendant’s age, sex, career, environment, circumstances and results of the crime.

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