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(영문) 청주지방법원 2017.09.14 2017노879
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the crimes in this case under the condition of mental, physical or mental weakness or loss of drinking due to mental illness, such as depression, etc.

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

(2) In the instant case where only the Defendant appealed due to mental disorder and improper sentencing, the violation of road traffic laws, which was judged to be dismissed on the grounds of the reasoning of the lower judgment, was judged to be dismissed on the grounds of an indivisible principle of appeal, but the Defendant already went off from the trial subject to an attack and defense between the parties, and went away from the trial subject to the adjudication.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant was suffering from alcohol and depression at the time of each of the instant crimes is recognized, but comprehensively taking account of all the circumstances indicated in the records, such as the background, means and method of each of the instant crimes, and the Defendant’s behavior before and after the instant crimes, the Defendant was in a state that the Defendant was unable or lacks the ability to discern things or make decisions due to mental illness, such as drinking, depression, etc. at the time of each

It does not seem that it does not appear.

The defendant's mental disorder is not accepted.

B. Circumstances favorable to the Defendant regarding unfair determination of sentencing are as follows.

The Defendant recognized each of the crimes of this case, and is against the law.

The Defendant agreed with the victim E in the lower court, and agreed to excessive agreement on the victim G in the first instance.

No injury of victims is severe.

Circumstances unfavorable to the defendant are as follows:

At the time of the instant case, the alcohol concentration in the blood of the Defendant is very high to 0.295%.

The defendant was involved in an accident by taking a victim's vehicle in the opposite opposite lane in the state of detention. The defendant was at fault of the defendant.

The Defendant is a drinking driver on September 22, 2016.

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