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(영문) 서울중앙지방법원 2019.11.22 2019노2078
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to depression or drinking.

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

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined as to the claim of mental disability, the defendant was subject to drug treatment and hospitalized treatment, etc. after being diagnosed with acute dyeitis in detail on May 2017, by means of alcohol-causing dyeitis, unstable pathy, opening and maintaining the surface of the water. Although the defendant was aware that he had a certain degree of alcohol at the time of each of the crimes of this case, there is no evidence to acknowledge that the defendant had not been diagnosed with friendly dye before each of the crimes of this case, and that the defendant was receiving treatment due to friendly dyesis, and that there was no evidence to find that the defendant had no ability to dye alcohol before and after each of the crimes of this case. The defendant stated that "the mother remaining in North Korea was dye by drinking early dyeing on October 2018, the defendant stated to the purport that "the defendant had no ability to dye alcohol again due to excessive dyesis, before and after each of the crime of this case.

Therefore, the defendant's argument of mental disability is without merit.

B. The objective factual basis of the Defendant’s judgment on the assertion of unfair sentencing is both recognized and against all, and the degree of injury to the victims caused by the crime resulting from the injury of risk driving on October 18, 2018 is relatively minor, and the vehicle driven by the Defendant at the time is covered by the comprehensive motor vehicle insurance.

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