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(영문) 대구지방법원 2015.07.07 2015노1695
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant suffered from mental illness due to depression and uneasiness, etc., and was under the influence of alcohol. Therefore, at the time of committing the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. Although the Defendant’s mental and physical state unstable at the time of the instant crime, and the circumstance of drinking at the time of the instant crime is acknowledged, in light of the background leading up to each of the instant crimes, the details of the instant crime, the Defendant’s attitude, and the circumstances before and after the instant crime, it is not recognized that the Defendant had the ability to discern things or make decisions.

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

B. Although the Defendant recognized the facts charged and reflected in the judgment on the assertion of unfair sentencing, the Defendant’s conviction was recognized, while the Defendant had the record of being punished several times for drunk driving, and the Defendant committed the instant crime during the repeated crime period. In particular, even though the Defendant was investigated by a police box around 11:35 on September 11, 2014 and returned to the Republic of Korea on the same day, he was under investigation at around 19:20 on the same day and returned to the police box, and caused a traffic accident, and the victim’s injury caused by the instant accident is not easy, and the victim’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and other various circumstances that form the condition for sentencing as indicated in the record, it is not recognized that the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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