특정범죄가중처벌등에관한법률위반(도주치사)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
1. Summary of grounds for appeal;
A. On February 6, 2020, the defendant and his defense counsel stated that they withdraw the mental and physical disorder claim stated in the statement of grounds for appeal on the date of the first trial of this court.
However, on February 10, 2020, the defendant withdrawn his claim for mental or physical disorder without understanding the presiding judge's inquiry, and submitted a document to this court that maintains his claim for mental or physical disorder. The defendant and his defense counsel stated that they maintain their claim for mental or physical disorder during the second trial on March 12, 2020.
Since the withdrawal of the grounds for appeal may be subject to restrictions which may not again become the grounds for appeal, the withdrawal of the grounds for appeal shall be effective (see, e.g., Supreme Court Decision 2002Do6834, Feb. 26, 2003). In light of the above circumstances, it is difficult to view that the defendant and his/her defense counsel clearly withdrawn the claims for mental disorder, and thus, the determination of the grounds for appeal
The Defendant, under the influence of alcohol at the time of the instant case, is in a state of mental disorder or mental retardation, so the punishment shall be mitigated.
B. The sentence of imprisonment (six years of imprisonment) imposed by the lower court on the ground of unfair sentencing is too unreasonable.
2. According to the records of the judgment on the assertion of mental and physical disorder, although the defendant was found to have drinking alcohol at the time, the defendant was unable to discern things or make decisions under the influence of alcohol at the time of the crime in light of the circumstances leading up to the crime in this case, the means and method of the crime, the defendant's speech before and after the crime in this case.
did not appear to have existed in or weak condition.
In addition, according to Article 10 (3) of the Criminal Code, "the act of a person who predicted the occurrence of danger and caused a mental disorder by his own person shall not be subject to the preceding two paragraphs." Thus, the defendant driving his car to make a traffic accident after drinking the alcohol at his house.