A. The Defendant had mental and physical loss or mental weakness, including physical and physical loss, due to the increase of alcohol content at the time of a traffic accident and the taking of drugs prescribed by a mental hospital, etc.

B. Fact-misunderstanding (as to the crime of 2015 highest 4135 highest 4135) Defendant driving without knowing that a traffic accident occurred due to the symptoms of alcohol alcohol and taking medicines prescribed by a mental hospital at the time of the traffic accident, and had no intention to commit an escape.

(c)

The punishment of the court below (two years of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant could be deprived of his memory due to the increase of alcohol at the time of the crime in this case, and there may have been some bodies of the defendant, seated, cut, and stroke due to the taking of the medicine prescribed by the mental hospital. However, the defendant was starting from the Masan City to the Daejeon Seocheon-ro, Daejeon, the site of the traffic accident in this case and attempted to avoid the damaged vehicle due to the operation of the vehicle. The circumstances leading up to the crime, such as the situation by driving the vehicle again, driving the vehicle to the defendant's house located in Daejeon-gu, Daejeon, and driving the vehicle at the seat of the defendant at the time of the crime in this case, the method and method of the crime in this case, and the conditions before and after the crime in light of the circumstance that the defendant, at the time of the crime in this case, had the ability to discern things or make decisions, or lacks ability to make decisions.

Therefore, the defendant's above assertion is rejected.

B. In the lower court’s determination as to the assertion of mistake of facts, the Defendant alleged the same purport as the grounds for appeal in this part, and the lower court rendered a judgment on the facts constituting the crime of “the judgment on the assertion of the Defendant and the defense counsel” under the “judgment on the assertion of the Defendant and the defense counsel.”