The judgment below

The part concerning the crime Nos. 3 and 4 of the judgment shall be reversed.

Defendant shall be punished by imprisonment with prison labor for the crimes of Articles 3 and 4 of the above judgment.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

B. The punishment of the lower court (three years of imprisonment with prison labor for the crimes Nos. 1 and 2 in its holding) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below which held that the Defendant was under the influence of alcohol at the time of driving. However, in light of the background, means and methods of the instant crime, the circumstances before and after the instant crime, etc., it does not seem that the Defendant did not have the ability to discern things or make decisions.

Therefore, we cannot accept this part of the defendant and his defense counsel.

2) The criminal defendant’s wrongful sentencing recognized the error of crime and is against the depth of the crime.

However, the defendant, without being aware of himself during the period of suspension of execution, committed the above crime with heavy liability, and had a criminal record due to drinking and non-licenseless driving, even though he had a criminal record, he again committed the above crime under the condition that he had a criminal record.

In addition, examining various sentencing conditions shown in the argument of this case, such as the defendant's age, sex, family environment, etc., it cannot be said that the sentence sentenced by the court below is too unreasonable because it is too unreasonable for the defendant to commit this part of the crime.

B. We examine ex officio the defendant's mental and physical weakness and the judgment of the court on the part of the 3 and 4 crimes prior to the judgment of the court below.

Of the facts charged in the indictment, the prosecutor: “3. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” is “3. Special Bodily Injury”; Defendant’s violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” among the Defendant’s name is “Special Bodily Injury”; and Articles 3(1) and 2(1) of the applicable law.