At the time of each of the crimes in this case, the Defendant was under the influence of alcohol so that the Defendant lacks the ability to discern things and make decisions.

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

Judgment

According to the records of this case as to the claim of mental disability, even though the defendant was in a state of drinking at the time of each of the crimes in this case, in light of various circumstances, such as the circumstances of each of the crimes in this case, the defendant did not seem to have a state of lacking the ability to discern things or make decisions at the time of each of the crimes in this case. Thus, the defendant's claim of mental disability is without merit.

In addition to examining the judgment on the assertion of unfair sentencing, there is a number of criminal records of the same kind of crime against the defendant, and the defendant was sentenced to two years of suspended sentence and a fine of 300,000 won in Seoul Western District Court on August 28, 2012 by the crime of violation of the Road Traffic Act, etc., and without being aware of the fact that the defendant again committed the crime of this case while being sentenced to imprisonment for one year of suspended sentence and a fine of 30,000 won in the period of suspended sentence, and the defendant did not comply with the request from the police officer for a measurement of drinking, and further, the crime of violation of the Road Traffic Act among each of the crimes of this case is very poor. The statutory punishment of the crime of violation of the Road Traffic Act among the crimes of this case is stipulated as imprisonment for not less than one year and not more than three years, or a fine not less than five million won and not more than one million won and not more than six months, and it is inappropriate for the court below to select the sentence of this case as a minimum sentence of imprisonment for six months or more.