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(영문) 서울고등법원 2012.11.09 2012노2391
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The contents of the defendant's written opinion, etc. shall be examined to the extent of supplement in case of supplemental appellate briefs not timely filed.

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

The sentence of unfair sentencing by the court below is too unreasonable.

Judgment

Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the allegation of mental disorder or mental retardation, it cannot be deemed that the Defendant was in a state of drinking at the time of the instant crime, but, in light of various circumstances, such as the background, means and method of the instant crime, and the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant was under the influence of alcohol and did not have the ability to discern things or make decisions at all.

Therefore, the defendant's argument in this part is rejected.

The act of assaulting or injuring a driver who is operating a motor vehicle on the argument of unfair sentencing may result in a serious threat to the safety of the driver, passengers, or pedestrians by allowing the driver to safely drive the motor vehicle. Therefore, the act of seriously punishing such an act is to establish traffic order and promote the safety of citizens.

However, the Defendant committed violence to the victim C by putting the head debt of the victim C who was on board a taxi and driving the taxi with passengers, sucking the sucking the neck, etc., and thereby causing an accident of the bus during a stop by obstructing the safety driving of the victim, thereby leading to a large-scale accident where many people are injured.

Nevertheless, the Defendant.

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