A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol, and this was not punishable or the punishment is mitigated. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is excessively unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and investigated by the lower court, found that the Defendant had no or weak ability to discern things or make decisions due to the instant crime, in light of the following: (a) details and method of the instant crime; (b) alcohol and drinking time; (c) details and circumstances after the instant crime; and (d) the Defendant’s attitude to make statements to investigation agencies; and (d) the Defendant

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

B. We examine the determination on the unfair argument of sentencing: (a) the Defendant made a confession of the crime of this case and made a statement that his mistake reflects his depth; (b) the fact that the Defendant agreed with the victim of the injury prior to the prosecution of this case, and the fact that there are dependants are favorable to the Defendant.

However, the crime of this case committed by the defendant is not less than the nature of the crime in light of the content of the crime, the background of the crime, the protection of legal interests, etc., and the defendant has been punished several times due to violence, drinking driving, etc., as well as there is a high possibility to criticize the crime of this case without being aware of the crime during the period of repeated crime due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.). The court below seems to have set a punishment within the scope of the sentencing guidelines set by the sentencing guidelines in full consideration of various circumstances of the defendant. The court below's punishment can be mitigated.