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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.08.17 2015노2586
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability at the time of the instant crime. The Defendant was in a state of mental disability at the time of the instant crime.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the court below's judgment as to the claim of mental disability, the defendant was treated with alcohol dependence after the crime of this case, and even if he was aware of drinking to some extent at the time of the crime of this case, in light of all the circumstances such as the background, contents, means, methods, and circumstances after the crime of this case, it cannot be seen that the defendant had a weak ability to distinguish things or make decisions at the time of the crime of this case, and thus, the above assertion by the defendant and his defense counsel cannot be accepted.

B. Although the defendant's judgment on the assertion of unfair sentencing is against the defendant's recognition of the crime of this case, the crime of this case is driving a motorcycle, the distance of driving a motorcycle is relatively short, and the defendant's blood alcohol level is also low, the defendant was sentenced to the punishment for the same kind of crime on several occasions, and the defendant was sentenced to the punishment during the period of the repeated crime. The defendant committed the crime of this case during the suspended sentence period. The defendant committed the crime of this case even though he was sentenced to a fine by driving without a license after theft of another person's vehicle during the suspended sentence period, and the defendant committed the crime of this case again despite being sentenced to a fine by taking full account of various circumstances, such as the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., it is not recognized that the sentence of this case is too unreasonable. Thus, the defendant and his defense counsel's assertion of unfair sentencing is not reasonable.

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