A. At the time of committing the instant crime with mental or physical disorder, drinking was conducted under the influence of alcohol at the time of committing the instant crime, and was in a state of mental or physical disability or mental disability.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mental disorder, the fact that the defendant took drinking at the time of the instant crime is recognized.

However, in light of the circumstances leading up to the instant crime and the control, the fact that the Defendant directly signed and written a written statement in writing at the time of enforcement, etc., it is difficult to deem that the Defendant did not have or weak the intent or ability to discern things under the influence of alcohol at the time of the instant case.

Furthermore, Article 10(3) of the Criminal Act provides that "the preceding two paragraphs shall not apply to any act of a person who predicted the occurrence of danger and caused a person's mental disorder as a person." This provision includes not only a free act in a cause caused by intention but also a free act in a cause caused by negligence. Thus, even though it was possible to anticipate the occurrence of danger, it is also applicable to a case where a person's mental disorder was caused by a person's mental disorder. If the defendant was under the influence of alcohol with the intention to drive under the influence of alcohol and was under the influence of alcohol, even if he predicted the risk of driving under the influence of alcohol, it constitutes a case where the risk of driving under the influence of alcohol was predicted, and thus

(See Supreme Court Decision 2007Do4484 Decided July 27, 2007, etc.). According to the evidence duly adopted and examined by the court below, the defendant can be recognized as having performed drinking and driving with knowledge of the fact that not only had the history of being punished for drinking, but also can be taken when taking the drugs and alcohol together. Thus, the defendant was in a mental and physical state at the time of driving domestic affairs.