A defendant shall be punished by imprisonment for not more than ten months.

A. The Defendant was in a mental and physical state under the influence of alcohol at the time of committing a crime with respect to the criminal facts set forth in the first instance judgment.

B. The punishment of each court below (the first instance court's judgment is limited to both sides of the judgment below as stated in its holding) is too heavy or (the defendant) and it is too unhutiled (the second instance court's punishment is sentenced to 8 months, and the second instance court's punishment is sentenced to 4 months).

2. Determination

A. The first and second court rendered ex officio judgments on the Defendant’s own health care unit, and the first and second instances of imprisonment with prison labor for eight months and four months, respectively, after completing separate hearings on the Defendant.

The defendant filed an appeal against each judgment of the court below, and the prosecutor filed an appeal against the judgment of the court of first instance and decided to review each appeal case together with each other.

However, each of the crimes of the court below against the defendant 1 and 2 shall be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act as a relation of concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, all the judgment of the court below against the defendant shall be reversed.

However, even in this case, the defendant's argument about the criminal facts in the judgment of the first instance court is still subject to the judgment of the court, and it will be examined below.

B. According to the evidence duly admitted and examined by the court below as to the defendant's mental and physical argument, it appears that the defendant was under the influence of alcohol at the time of committing the crime in the first instance judgment. However, in light of the details and contents of the crime and the circumstances before and after the crime, it is not deemed that the defendant committed the mental and physical weakness. Therefore, the defendant's mental and physical argument is without merit.

Even if the defendant was physically and mentally weak,

Even if the defendant's past criminal records and the behavior of the defendant at the time were considered, the risk that may occur after drinking was predicted in advance and the mental and physical weakness was omitted.

(c).