(영문) 수원지방법원 2015.03.18 2015노304 | 리걸엔진

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(영문) 수원지방법원 2015.03.18 2015노304

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of the instant crime, the Defendant was in a state of mental disability or mental disability under the influence of alcohol.

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

2. Determination

A. In a case where a person causes a traffic accident while driving a motor vehicle while drunkly with the intent to drive a motor vehicle with the intent to make a judgment on a mental or physical disability, it constitutes a case where the risk of causing a traffic accident was predicted at the time of drinking, and thus, it cannot be mitigated due to a mental or physical disorder pursuant to Article 10(3) of the Criminal Act.

(2) According to the evidence duly adopted and examined by the court below, the defendant 207Do4484 delivered on July 27, 2007, etc.). According to the evidence, the defendant driving the motorcycle of this case to a farm near the farm where the defendant works for the defendant to drink the alcohol prior to the accident of this case. The defendant started to drink the alcohol prior to the accident of this case and took a large amount of alcohol prior to the accident of this case along with the victim. The defendant was driving the motorcycle of this case to move to another place, and caused the accident of this case. In light of the circumstances leading to the crime of this case, the circumstances before and after the crime of this case, and the defendant's behavior, etc., the defendant could not be mitigated due to mental or physical disorder since the defendant predicted the risk of causing a traffic accident at the time of drinking, caused a mental or physical disorder by a person, and caused the accident of this case by driving alcohol.

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

B. The defendant's decision on the assertion of unfair sentencing is binding on and against the defendant's criminal act, and the victim was accompanied by the motor bicycle operated by the defendant with knowledge of the defendant's drinking operation after drinking alcohol together with the defendant, and the defendant.

참조조문

-형법 제10조 제3항

참조판례

-대법원 2007. 7. 27. 선고 2007도4484 판결

유사 판례

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-서울서부지방법원 2015.05.15 2015노426

-대법원 1992. 7. 28. 선고 92도999 판결

-수원지방법원 2014.09.29 2014노4478