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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental or physical disorder having no or weak ability to discern things or make decisions.
B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mental disorder, the fact that the defendant committed the crime of this case while drinking alcohol can be acknowledged. However, in light of the circumstances revealed by the above evidence, the circumstances before and after the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it is not deemed that the defendant did not have or lacks the ability to discern things at the time of the crime of this case, and therefore, the defendant's mental and physical disorder argument
B. At the time of the instant crime on the assertion of unfair sentencing, the Defendant, at the time of the instant crime, was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and two years of suspended execution on June 12, 2013, was sentenced to imprisonment with prison labor for a period of one year and two years of suspended execution on June 20, 2013, and the Defendant committed the instant crime, which is the same kind of crime, for three months after the suspended execution, because the risk of road traffic due to drunk driving is very high, and thus, the quality of the instant crime was not mitigated, and the Defendant has already been punished several times due to drinking driving or unlicensed driving (one time of suspended sentence of imprisonment and three times of fine).
However, the fact that the defendant recognized the crime of this case and misunderstanding is divided, and again, the defendant is not required to drive a drinking without a license, and there is no history of punishment heavier than that of suspended sentence.