A. At the time of each of the instant crimes, the Defendant had a weak or lost ability to discern things or make decisions under the influence of alcohol.

B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, it is deemed that the Defendant was unable to discern things or make a decision under the influence of alcohol at the time of each of the crimes of this case, in view of the circumstances leading to each of the crimes of this case, the method and method of the crimes of this case, and the circumstances after the crime, etc., and thus, it does not seem that the Defendant had a weak or lost ability to discern things or make decisions. Therefore, this part of the

B. Although there are favorable circumstances such as that the defendant's mistake is divided and reflected against his own mistake, the defendant has been punished for the same crime several times, and the defendant committed each of the crimes of this case without being aware of the fact that he had been punished for the same crime even though he had been under the suspension of execution, and the court below has already selected imprisonment and sentenced the lowest punishment among the applicable sentencing range through discretionary mitigation. The current Road Traffic Act provides that the prohibition clause on drinking driving should be punished more strictly in cases where the person who violated the provision on the prohibition of drinking driving is under the influence of alcohol again and is under the influence of not less than 0.1% of alcohol concentration, and more strictly in cases where he drives under the influence of alcohol with the aim of preventing the illegal driving under the influence of alcohol again, and taking into account various factors such as motive and circumstance leading up to each of the crimes of this case, age after the crime, age, personality and behavior, environment of the defendant, etc.