특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The defendant's appeal is dismissed.
Summary of Reasons for appeal
A. Each of the instant crimes committed by the Defendant with mental or physical weakness committed under the influence of alcohol.
B. The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment and a fine of five hundred thousand won) is too unreasonable.
Judgment
A. According to the records of mental and physical weakness, it is recognized that the Defendant had drinking at the time of the instant crime, but it does not seem that the Defendant had the ability to discern things or make decisions in light of the circumstances leading up to the instant crime, method of the crime, the time of the crime, the subsequent circumstances, etc., and the Defendant’s mental and physical weakness do not seem to have reached a state where the Defendant had the ability to discern things or make decisions at the time of committing the instant crime. Accordingly, the Defendant’s mental and physical weakness cannot be accepted on the grounds that the evidence records of the instant case were examined as follows: (a) the evidence records of the 2017 Highest Highest 3081 Highest 300 Highest 201 Highest 201 Highest 3250 Highest 3250 Highest 2017 Highest 2017 Highest 33376 Highest 4393 Highest 4, and (b) the evidence records of the instant case.
B. The fact that the criminal defendant committed each of the instant crimes under the influence of alcohol, even though he/she had a history of punishment several times for the same crime, and committed a similar crime for about two months, and some of the crimes committed during the investigation or trial as a previous crime, and did not reach an agreement with most victims, etc. are disadvantageous to the criminal defendant.
However, the fact that the defendant recognized each of the crimes of this case and against himself, the fact that the defendant agreed with the victim D of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Many driver's assault, etc.) (the trial records No. 62 through 64), and that the defendant's family relation is maintained as his family relation is favorable to the defendant.
In addition, there is no special change in circumstances that could change the punishment of the court below after the sentence of the court below, and the age, environment, and the defendant.