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(영문) 부산지방법원 2018.09.06 2018노2034
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant suffered from mental illness, such as a mental disorder, depression, etc. at the time of the instant crime. At the time of each of the instant crimes, the Defendant was in a state of mental and physical weakness due to the foregoing mental disorder.

B. The sentence sentenced by the lower court (one year 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 is deemed to have suffered from mental illness, such as alcohol dependence symptoms, tarcing disorder, and euthanasia, but in full view of the background and process leading up to the instant crime, the conduct before and after the instant crime, etc., the Defendant was in the state of lacking ability to discern things or make decisions due to such mental disorder as above at the time of the instant crime.

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

B. The Defendant had the history of having been subject to punishment four times due to drinking driving or unlicensed driving. Of these, the Defendant was subject to a fine for three times, and was subject to criminal punishment for suspension of the execution of imprisonment for one time.

In this regard, the defendant, while under the suspension of the above execution, has been driving another person and driving without a license while driving a motor vehicle accident, has not taken any measures to cause human and physical damage and has escaped without taking any measures. As a result, the defendant, upon being investigated by the investigation agency, assumes the personal information of the other person. In addition, the defendant has to make a strict punishment corresponding to his/her responsibility.

However, it seems that both the victims of traffic accidents have agreed smoothly with the victims of traffic accidents, the injury of the victims is relatively minor, the circumstance that the defendant misrepresented the I who is the birth of the defendant to the investigation agency would not significantly affect the investigation, the fact that the defendant has no criminal record of imprisonment with prison labor, the defendant has no criminal record, and the defendant has no criminal record of recidivism, and the punishment in this case is finalized.

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