도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of mental disability due to alcohol cogncy, stimulative disorder, drinking, etc.
B. The punishment sentenced by the first and second instances of unfair sentencing (the first instance court: imprisonment with prison labor for one year, and the second instance court: imprisonment with prison labor for one year) is too unreasonable.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
The first and second original judgments against the defendant were individually sentenced, and the defendant appealed against the first and second original judgments.
This Court decided to hold a joint hearing of each of the above appeals cases. Each of the offenses of the first and second and second judgments is concurrent offenses under the former part of Article 37 of the Criminal Act, and one of the offenses is to be sentenced in accordance with Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
However, the defendant's assertion of mental disability against the judgment of the court below is still subject to the judgment of the court, and this is examined.
3. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the claim of mental disability and mental retardation, the defendant can be acknowledged as having been hospitalized due to the alcohol existence, emulative disorder, etc. from April 3, 2019 to May 28, 2019, immediately after each of the crimes of this case. However, in light of various circumstances, such as the background, method and method of the crime of this case, the defendant's attitude and behavior before and after the crime of this case, and the circumstances after the crime of this case, it does not seem that the defendant had the ability to discern things or make decisions at the time of each of the crimes of this case.
On the other hand, Article 10 (2) of the Criminal Code, which stipulates that punishment shall be mitigated for the act of a mentally ill person, has the ability or will to change things due to mental disorder on December 18, 2018.