The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically weak due to drinking, etc.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, even though the defendant was aware of drinking alcohol at the time of the instant case, it was found that the defendant had no or weak ability to discern things or make decisions.

It is not visible.

Furthermore, even if it is not so, when considering the fact that the Defendant had a history of driving alcohol at multiple times, the Defendant appears to have caused a person’s mental and physical loss or mental weakness due to her mental and physical loss, even though she could have predicted or predicted the risk of driving under the influence of alcohol during drinking, and thus, the Defendant cannot claim the above status as a ground for the rejection of responsibility or the mitigation of responsibility pursuant to Article 10(3) of the Criminal Act.

Therefore, this part of the defendant's argument is without merit.

B. Strict punishment is required, since the defendant again committed the instant crime during the period of suspension of execution due to the same criminal record even though he/she had several criminal records of the same kind of judgment, even though he/she had committed the instant crime.

However, the defendant recognizes all of the crimes, and the defendant does not drive drinking again.

In full view of the following facts: (a) the Defendant did not have any criminal record exceeding the fine since 2002, except for the criminal records prior to the above suspended sentence; and (b) the Defendant’s age, sex and environment, motive, means and consequence of the crime; and (c) various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable, and thus, this part of the Defendant’s assertion

3. Thus, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is applicable.