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(영문) 춘천지방법원 강릉지원 2014.07.15 2014노123
도로교통법위반(음주운전)
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 disorder or mental disability due to mental disorder, such as a mental disorder, etc.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant suffered from mental illness such as depression disorder at the time of the instant crime is recognized, but the Defendant did not have the ability to discern things or make decisions at the time of the instant crime in light of the form and method of the instant crime, and the Defendant’s speech and behavior at the time.

not seem to have existed in or weak condition.

The defendant's above assertion is without merit.

B. Although the judgment on the assertion of unfair sentencing is made on the assertion of unfair sentencing, the Defendant has a history of being punished by a fine of two million won by drinking driving, and the lower court selected and sentenced the fine among the statutory punishment (a imprisonment of not less than six months but not more than one year, or a fine of not less than three million and not more than five million won) against the Defendant, and taking full account of the Defendant’s age, character and behavior, motive, means and consequence of the instant crime, circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable.

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

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