A. At the time of committing the instant crime, the Defendant, a mentally and physically weak, was in a state of mental and physical weakness.

B. The lower court’s sentence against an unfair defendant in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below, it is found that the defendant had drinking alcohol to a certain extent at the time of the crime of this case, but on the other hand, in light of the circumstances leading to the crime of this case, the means and method of the crime, the behavior of the defendant before and after the crime, and the circumstances after the crime, etc., the defendant was in a state of lacking ability to discern things or make decisions due to drinking.

does not appear.

In addition, even if the defendant was in a mental and physical state at the time of the crime of this case, even if he was in a state of mental and physical weakness, the defendant could have predicted or predicted the risk of driving under the influence of alcohol as a person who could have been punished for driving under the influence of alcohol, but he committed the crime of this case by failing to drive after causing mental and physical weakness of drinking. As such, Article 10(3) of the Criminal Act applies to such defendant's act, and thus, mitigation of punishment due to mental and physical weakness is not possible.

Therefore, this part of the defendant's argument is without merit.

B. We examine the judgment on the unfair argument of sentencing. The defendant is favorable to the defendant, such as the fact that the marriage relationship with the wife of a shipbuilding yard has broken down and the defendant has difficulty in living, and the criminal act of this case has reached his own mind, the distance of the defendant's driving is very short, and the place is not a general road that the other vehicles pass as the front place of the house, but is not a general road that the other vehicles pass as the front place of the house, and the fact that the branch wants to turn the Defendant's wife.

However, the defendant's blood alcohol concentration at the time of committing the crime of this case.