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(영문) 서울중앙지방법원 2017.04.20 2017노781
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (mental and physical weak and unfair sentencing) was in a state that the defendant lacks the ability to discern things or make decisions due to drinking, mental disease, etc. at the time of committing each of the instant crimes.

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

According to the record of the determination on the argument of mental and physical weakness, even though the Defendant was aware that he had drinking alcohol at the time of committing the instant crime, in light of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant was under the influence of alcohol, or lacks the ability to discern things or make decisions due to mental illness.

There is no other evidence to prove that there is no other evidence to prove it.

This part of the defendant's assertion is without merit.

The judgment of the court below on the argument that the sentencing of the court below is unfair. ① under unfavorable circumstances, the defendant had a history of criminal punishment, including drinking and refusing to measure drinking, repeatedly driven during the same type of repeated crime period, which caused a traffic accident while driving under the influence of drinking, which was tried for a long time due to the crime, and the escape was committed during the escape period, and the escape was not only caused a traffic accident due to driving without a license during the escape period, but also caused a traffic accident by requesting another person to make a false statement. ② under favorable circumstances, the court below was sentenced to a comprehensive insurance, and was sentenced to a two-year imprisonment (the evidence record No. 3566, No. 45, No. 466 of the year 2013).

The defendant's assertion on sentencing conditions (1) The defendant, in the 2013 Highest 2200 cases, was 500 meters straight from the scene of the accident, and was hered to the scene of the accident and returned to the scene of the accident.

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