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(영문) 창원지방법원 2018.06.21 2018노851
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder committed each of the instant crimes under the condition of physical and mental loss or mental weakness by drinking alcohol.

B. Sentencing

2. Determination

A. According to the record as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of the crime of this case, considering the circumstance and method of each crime, the contents of the crime, and the conduct before and after the crime, it cannot be deemed that the defendant's act did not change things or did not have the ability to make a decision.

The Defendant’s assertion that he was physically and mentally deprived or physically weak at the time of committing the instant crime is not acceptable.

B. Even when considering the circumstances in which the Defendant was informed on the grounds of appeal regarding the unfair argument of sentencing, the lower court appears to have determined the sentence within a reasonable scope by fully taking into account all the circumstances regarding sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The defendant's assertion that the sentencing of the court below is unfair is also rejected.

3. 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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