The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had the ability to discern things or make decisions by drinking alcohol at the time of the instant crime.

B. The Defendant was not planning to block the instant crime in a state where the ability to determine was significantly lacking due to the breathment of alcohol.

As the defendant suffers from alcohol, he/she has found himself/herself at a specialized hospital and received hospitalized treatment, and he/she continues to complete alcohol by receiving systematic treatment in the future.

Doing to work as a dual-class technician, such as before and after the release, in good faith.

Comprehensively taking account of these circumstances, the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant's mental and physical disorder argument is deemed to have been in a state of drinking alcohol at the time of the crime of this case, but it is not determined that the defendant had no or weak ability to discern things or make decisions in light of the circumstances leading to the crime of this case, the means and methods of the crime of this case, and the circumstances after the crime of this case. Thus, the defendant's mental and physical disorder argument is without merit.

2) Even if the Defendant had a mental disorder at the time of committing the instant crime

Even in light of the Defendant’s drinking habits and criminal records, it was predicted in advance that the Defendant could block the crime under the influence of alcohol and that the Defendant was placed in a state of mental and physical disorder by drinking.

Therefore, the above act by the defendant constitutes "free act in the cause" as stipulated in Article 10 (3) of the Criminal Act, and the above argument cannot be accepted.

B. The Defendant’s age, family relation, sexual conduct, career, environment, details and result of the crime, circumstances after the crime, and criminal experience as to the determination of the unfair argument of sentencing.