도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. The summary of the grounds for appeal (1) The Defendant with mental or physical weakness had weak ability to discern things or make decisions due to mental disorder at the time of committing the instant crime.
(2) The sentence of the lower court (one hundred months of imprisonment) is too unreasonable.
2. (1) According to the record of the instant case’s assertion of mental and physical weakness, it is recognized that the Defendant was a disabled person of Grade III with intellectual disability and the Defendant was suffering from a disease, such as a degradation of the gravity of symptoms or an inorganic mental disorder, etc., but the Defendant lacks the ability to discern things at the time of committing the instant crime.
It does not seem that it does not appear.
Therefore, the defendant's assertion is not accepted.
(2) The following points for determining the unfair argument of sentencing are the circumstances unfavorable to the Defendant.
The Defendant, even before the instant case, had been sentenced to a fine on two occasions due to drinking alcohol driving and a punishment for the suspension of the two times, driving a motor vehicle under the influence of alcohol without a driver’s license.
In light of the fact that the defendant's blood alcohol concentration, the words and walking conditions at the time of crackdown, and the driving patterns of the defendant are reported to the police, etc., the defendant seems to have been in difficult condition at the time of committing the crime.
It is necessary to punish the defendant strictly in light of the criminal history of the defendant and the behavior of drinking alcohol.
On the other hand, the following conditions are favorable.
The defendant is going to reflect his mistake, receive treatment for alcohol addiction, and not repeat.
After committing the instant crime, the Defendant voluntarily appeared at the police office.
There has been no past record of the defendant sentenced to punishment until now.
The defendant is a person with a intellectual disability of the third degree.
In addition, the arguments of this case, such as the background of the crime of this case, the circumstances after the crime, the age of the defendant, the sexual conduct, and the environment, etc.