교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder or mental disability under the influence of alcohol.
B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.
2. Determination on the grounds for appeal
A. In full view of the following circumstances as a whole, the determination of mental or physical disability and the evidence duly admitted and examined by the court below, the defendant does not seem to have been aware that the defendant had been in a state of significant exploitation at the time of committing the crime in this case, but did not seem to have been in a state of being lost or weak in the ability to discern things or make decisions. Accordingly, this part of the defendant's assertion is rejected.
① Following each of the instant crimes, the Defendant appears to have stated the type and volume of drinking alcohol, the motive and motive for driving, departure point, purpose point, etc., in the process of preparing the report on the circumstantial statement of a drinking driver, and considering the following: (a) the Defendant appears to have been in a state of lacking the ability to discern things or make decisions due to excessive drinking, in light of the following: (b) the Defendant had a little red and walking state at the time of detection, but responded to the investigation in a little distance or somewhat narrow range; (c) the Defendant’s excessive
(2) Even if the Defendant was in a state of weak ability to discern things or make decisions due to excessive drinking at the time of each of the instant crimes, Article 10(3) of the Criminal Act provides that Article 10(3) of the Criminal Act does not apply to the act of a person who predicted the occurrence of danger and caused a person’s mental disorder. This provision includes not only free act in the cause of intention but also free act in the cause of negligence, and even if it was possible to anticipate the occurrence of danger, it also includes a person’s mental and physical disorder.