A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

A. Although the Defendant committed a crime under the influence of alcohol at the time of the instant crime under the influence of alcohol, which lacks the ability to discern things or make decisions, it is unreasonable for the lower court to not reduce mental and physical disability under Article 10 of the Criminal Act.

B. The lower court’s imprisonment with labor (three years and six months) on the part of the Defendant’s case of unreasonable sentencing is too unreasonable.

2. According to the evidence duly admitted and examined by the court below, the court below found that the defendant her house and N's house located in Ma-gu L in Busan from the day immediately before the date of the crime to the late night, and drink a considerable amount of drinking, and the defendant, lastly, after drinking at M's house and drinking at M's house without a special driving line, went around the convenience store in this case where the defendant her residence is considerably away from M's dwelling without a special driving line, and the defendant went back to the convenience store in this case where he was seen as walking at the time of the first time while drinking, and the defendant went to the convenience store in this case where he was seen as walking at the time of the crime. In addition, when considering the circumstances leading to the crime, the method and method of the crime, the defendant's behavior before and after the crime, the defendant's ability to change the right at the time of the crime in this case was found to have been lacking at the time of the crime.

Therefore, the defendant's mental disorder is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the defendant's appeal is again decided as follows.

Criminal facts

The facts constituting the crime and the summary of the evidence acknowledged by the court are stated in the first head of the facts constituting the crime.