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(영문) 수원지방법원 2018.08.24 2018노3556
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. In light of the background leading up to the instant crime, the means and method of the crime, the Defendant’s speech and behavior at the time of the crime, etc., which could have been known by the record as to the assertion of mental and physical disorder, the Defendant had no or weak ability to discern things or make decisions at the time of the crime.

It does not seem that it does not appear.

Therefore, the defendant's above assertion is without merit.

3. The following facts are: (a) the Defendant’s violation of the determination of unfair sentencing; (b) the blood alcohol concentration of the Defendant’s blood at the time of the instant case was relatively high; (c) the driving distance was relatively long; and (d) the family members of the Defendant appear to clearly have a social relationship with the Defendant; (b) or (c) the Defendant committed the instant crime even though the Defendant had been punished several times due to the same kind of crime, including imprisonment with prison labor and a suspended execution, it is difficult to view that the lower court’s punishment is too unfair in light of the circumstances unfavorable to the Defendant, such as the Defendant’s crime committed; and (d) other factors such as the Defendant’s health, age, occupation, sex behavior, environment,

Therefore, the defendant's above assertion is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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