The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant was under the influence of alcohol at the time of committing the instant crime, the Defendant was in a state of having no capacity to discern things or make decisions, and thus, the lower court did not recognize it, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court regarding the assertion of defectiveness, the fact that the Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime is recognized.

However, in full view of the circumstances such as the background leading up to the instant crime, the means and method of the instant crime, the Defendant’s criminal conduct before and after the instant crime, and the circumstances after the instant crime, it is determined that the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

In the same purport, the lower court did not err by misapprehending the fact regarding the defect, as alleged by the Defendant.

Therefore, we cannot accept this part of the defendant's ground of appeal.

B. The Defendant had been sentenced to a fine due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and committed the instant crime during the suspended sentence period, which was sentenced to a suspended sentence of two years and six months, due to a violation of the Punishment of Violences, etc. Act.

The crime of this case is not likely to cause an injury by assaulting the victim while driving.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and reflected his mistake.

The defendant is under the influence of alcohol and in a state of mental disability.