(영문) 수원지방법원 2018.04.18 2018노1147 | 리걸엔진

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(영문) 수원지방법원 2018.04.18 2018노1147

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness by drinking while committing each of the instant crimes.

2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental disorder, even though the Defendant was aware that he had drinking alcohol at the time of each of the crimes of this case, considering the circumstances leading up to each of the crimes of this case, method of the crime, the time of the crime and the circumstances thereafter, it is not deemed that the Defendant did not have the ability to discern things or make decisions due to drinking alcohol at the time of each of the crimes of this case.

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

B. Determination of the unjust assertion of sentencing is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant again committed the instant traffic accident after having been sentenced to two times a fine for driving under the influence of alcohol; (b) driving under the influence of alcohol is a crime that may cause serious harm to an unspecified person; (c) the social risk of causing injury to an unspecified person; (d) the occurrence of the instant traffic accident was considerably high; (e) the degree of injury inflicted on the victimized person; (e) the degree of injury was heavy; (e) the alcohol concentration in blood during driving under the influence of alcohol is very high to 0.240%; and (e) the Defendant committed the instant crime of interference with the instant business without being aware of the fact that he/she committed the instant crime of interference with the same business for six months after having been sentenced

However, the defendant's mistake and reflects, the vehicle of this case was covered by comprehensive insurance, the victims of the other party to the traffic accident did not want punishment against the defendant, and the vehicle of this case was accompanied by the defendant's vehicle.

유사 판례

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