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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s crime of this case was committed in a state of mental disorder or mental disability.
B. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.
2. Determination
A. According to the records of the judgment on the assertion of mental disorder, the defendant was under the influence of alcohol at the time of the crime of this case, and the fact that he was receiving medical treatment due to a yellow disorder at the time of the crime of this case may be acknowledged. However, in light of the background leading to the crime of this case, the method and circumstances after the crime of this case, etc., it is difficult to view that the defendant was under the influence of alcohol at the time of the crime of this case, or that there was a lack of ability to discern things or make decisions
B. Although considering the fact that the Defendant’s wrong judgment on the assertion of unfair sentencing is divided, that the Defendant’s health condition is not good, and that the Defendant scrapped the instant vehicle, the Defendant has been punished several times for the same crime due to the violation of the Road Traffic Act, etc. Meanwhile, the Defendant was sentenced to imprisonment for May 2012 and imprisonment for July 2013 due to the violation of the Road Traffic Act, etc.; the instant crime was committed during the same repeated offense period; the instant crime was committed during the same repeated offense period; the Defendant’s blood alcohol concentration belongs to very high degree; the Defendant’s age, character, environment, details of the crime, circumstances after the crime, etc.; and all the sentencing conditions indicated in the instant records and arguments, including the record and arguments, it cannot be said that the sentence imposed by the lower court is heavier.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.