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(영문) 서울남부지방법원 2015.06.04 2014노1879
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical disability due to proof and depression of alcohol, etc.

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

2. Determination

A. According to the records of this case as to the assertion of mental disorder, in light of various circumstances such as the contents of the statement at the investigation agency and court of the defendant, the background of the crime in this case, the circumstances before and after the crime, etc., even if the defendant was suffering from alcohol proof and depression, it cannot be seen that the defendant had the weak ability to discern things or make decisions due to such symptoms. Thus, the above assertion of mental disorder of the defendant is without merit.

B. Examining the instant judgment on the assertion of unfair sentencing and the reasons for sentencing on the judgment of the court below, compared with the sentencing conditions indicated in the instant case’s records and arguments, the lower court’s sentence is too unreasonable.

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

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