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(영문) 수원지방법원 2018.11.28 2018노5833

교통사고처리특례법위반(치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to depression.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, it is recognized that the defendant suffered from mental illness such as divesive disorder at the time of the crime of this case, but in light of the background leading up to the crime, method of the crime, and the circumstances after the crime, etc., it does not seem that the defendant did not have the ability to discern things or make decisions due to such mental disorder at the time of the crime of this case.

Therefore, the defendant's mental disorder is without merit.

B. The following are the circumstances favorable to the Defendant: (a) the Defendant’s decision on the illegal argument of sentencing reflects the Defendant’s depth of the instant crime; (b) the victim’s injury was not relatively heavy; and (c) the degree of the Defendant’s driving at the time of the instant drinking alcohol crime was committed; (d) the Defendant’s family members and branch members complain of the Defendant’s wife against the Defendant; and (e) the Defendant

However, the Defendant committed the instant crime without being aware of the fact that he/she was punished several times, including imprisonment due to drinking, even though he/she was released even during the period of repeated crime, and about three months have not yet passed since the repeated crime was committed. Drinking is a crime that may cause serious harm to an unspecified person. The Defendant caused an accident that may cause serious harm to an unspecified person. On March 8, 2018, the Defendant was driving without a license and driving without a license of the person on May 2, 2018, which caused the risk by shocking the victims' vehicles during driving on May 2, 2018, and it did not reach an agreement with the victims, and the Defendant’s age, sex, environment, motive and motive of the crime.