The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and February of one year and a fine of 200,000 won.

The above fine shall be imposed on the defendant.

1. The gist of the grounds for appeal is as follows: (a) the Defendant asserted the grounds for appeal on the grounds of misunderstanding of facts, misunderstanding of legal principles, mental or physical loss, mental or physical weakness, and unfair sentencing; (b) the Defendant and his defense counsel acknowledged all facts charged at the first trial date of the trial of the first instance; and (c) withdrawn misunderstanding of facts and misapprehension of legal principles among the grounds for appeal.

A. At the time of physical and mental loss or mental weakness, the Defendant committed each of the crimes in this case under the influence of alcohol while having no or weak ability to discern things or make decisions.

B. The sentence of the lower court (one year and six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the first instance trial, the prosecutor: “Violation of the Road Traffic Act” among the names of the crimes against the Defendant as “Violation of the Road Traffic Act”; “Article 148 and Article 54(1) of the Road Traffic Act” in the applicable law refers to “Article 156 subparag. 10 and Article 54(1)2 of the Road Traffic Act; “Violation of the Road Traffic Act due to the primary accident”, which is referred to in Article 156 subparag. 2 subparag. 2 of the facts charged, of the facts charged, runs away without taking necessary measures”; “Violation of the Road Traffic Act due to the primary accident”; and “Violation of the Road Traffic Act due to the primary accident” in the last sentence of paragraph (2) of the facts charged.

“The victims did not provide personal information.”

“Application for Amendments to Bill of Indictment” was filed, and this Court permitted this, and the subject of the adjudication was changed.

However, this part and the remaining crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced. In this respect, the judgment of the court below cannot be maintained in its entirety.

However, the defendant's mental or physical loss or the defendant's argument about mental or physical weakness is still subject to the judgment of the court of this Court, which will be examined below.

B. As to the assertion of mental and physical loss or mental weakness