A. At the time of the instant case, the Defendant was in a state of mental disorder or mental disability due to drinking.

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

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined at the court below's decision on the assertion of mental and physical disorder, the defendant is deemed to have drinking alcohol at the time of the crime of this case, but even considering such circumstances, considering the background leading up to the crime of this case, the means and method of the crime of this case, the defendant's attitude and behavior before and after the crime of this case, and the circumstances after the crime of this case, etc., it does not seem that the defendant did not have reached a state of mental and physical disorder at the time of the crime of this case, and even if the defendant was in a state of mental and physical disorder at the time of the crime of this case, Article 10 (3) of the Criminal Act provides that "the preceding two provisions shall not apply to the act of a person who predicted danger and caused a child's mental and physical disorder" under Article 10 (3) of the Criminal Act. According to the defendant's statement at the police and the prosecutor's office, the defendant's average share of the defendant, and three or more times disease of this case were not administered.

As such, the defendant cannot be punished due to mental disorder.

(1) No person shall be granted a reduction of or exemption from punishment due to mental illness.

I would like to say.

Therefore, the defendant's above assertion is not accepted.

B. The Defendant was punished on two occasions for the obstruction of performance of official duties and three times for the violation of the Road Traffic Act (driving).