(영문) 수원지방법원 2012.07.11 2012노2179 | 리걸엔진

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(영문) 수원지방법원 2012.07.11 2012노2179

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant is deemed to have had drinking at the time of each crime of this case, but there was no ability to discern things or make decisions due to the following circumstances, such as the defendant's behavior before and after the crime of this case.

not seem to have existed in or weak condition.

Even if the Defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of each of the instant crimes, since he was in a state of mental disorder or mental disorder under the influence of alcohol, even if he predicted the risk of causing a traffic accident at the time of drinking, even though he predicted the risk of causing a traffic accident, he/she cannot reduce the physical and mental disorder due to mental disorder pursuant to Article 10(3) of the Criminal Act (see, e.g., Supreme Court Decision 2007Do4484, Jul. 27, 2007). In light of the circumstances before and after the instant crime acknowledged by the evidence duly adopted and investigated by the lower court, circumstances leading to the instant crime, and the Defendant’s behavior, there is no room for mitigation of mental and physical disorder, etc. as it can be deemed that the Defendant predicted the risk of causing a traffic accident by drinking alcohol and caused a traffic accident by his/her own person.

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that the judgment on the assertion of unfair sentencing is examined, that the defendant separates his mistake and reflects his mistake, and that the defendant agreed with the victims.

However, the defendant has already been punished several times due to drinking driving and unlicensed driving, and in particular, on March 10, 201.

참조조문

-형법 제10조 제3항

참조판례

-대법원 2007. 7. 27. 선고 2007도4484 판결

유사 판례

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