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(영문) 수원지방법원 2019.03.22 2019노312
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime in a state of mental disability due to the use of her body, drinking, etc., which led to the instant crime in a state of mental disorder caused by the death of his body.

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

2. Determination

A. The circumstance where the Defendant was under the influence of alcohol at the time of committing the instant crime is recognized as to the assertion of mental disorder.

However, in full view of the circumstances and contents of the crime, and the behavior before and after the crime, it does not seem that the defendant had reached the crime under the lack of the ability to discern things or make decisions.

This part of the defendant's assertion is not accepted.

B. The Criminal Procedure Act, which adopts the trial-oriented principle and the principle of directness on the assertion of unfair sentencing, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing indicated in the record of the instant case, the lower court’s sentencing is too remote, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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