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(영문) 수원지방법원 2017.09.01 2017노4566
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes under the condition of physical and mental loss or mental weakness by drinking mental disorder.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant was aware of drinking alcohol at the time of each of the instant crimes, in light of the background leading up to the instant crime, the means and method of the crime, and the Defendant’s speech and behavior before and after the instant crime, the Defendant was under the influence of alcohol and was in a state of having lost or weak ability to discern things or make decisions

Therefore, the defendant's above assertion is without merit.

B. Determination of the unjust assertion of sentencing is that the Defendant has been punished several times as well as the fine for the same kind of crime as the instant crime; that the Defendant committed each of the instant crimes during the period of repeated crime; that the Defendant committed the instant crime while driving alcohol; that the Defendant did not take relief measures despite the median line while driving alcohol; that the police officer did not comply with a police officer’s demand for the measurement of drinking alcohol; that the Defendant committed violence and intimidation against the police officer while refusing to comply with the police officer’s demand for the measurement of drinking alcohol; that is, the nature of the relevant crime is not very good; that the degree of damage

On the other hand, the defendant recognized all of the crimes of this case, and each of the crimes of this case is the period of repeated crime due to the crimes of this case, the degree of injury to the victims is relatively heavy, and some damage was recovered from comprehensive insurance subscribed to the accident vehicle.

The fact that it appears is favorable to the defendant.

In addition, in consideration of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's status.

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