The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant was suffering from a mental disorder, such as a normal impulse disorder. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by adding up to the period of suffering from drinking alcohol.

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

2. The lower court, ex officio, rendered a decision to judge the instant case according to a simplified trial procedure, and subsequently sentenced the Defendant to ten months of imprisonment with prison labor, recognizing the Defendant guilty of the facts charged.

Although the Defendant made a statement that recognized the facts charged on the first trial date of the lower court, the Defendant and the defense counsel of the lower court stated to the effect that the Defendant had a magnetic disorder and shock disorder, etc. from the second trial date of the lower school, and that he could not regulate the breath at the time of the instant case under the influence of alcohol, which constitutes a statement of fact that is reasonable for the reduction of punishment imposed under Article 323(2) of the Criminal Procedure Act at least as at the time of the instant crime, and constitutes a statement of fact that is reasonable for the reduction of punishment imposed under Article 323(2) of the Criminal Procedure Act

Therefore, the judgment of the court below cannot be maintained as long as the court below revoked the judgment of the court below which decided to judge in a simple trial in accordance with Article 286-3 of the Criminal Procedure Act.

However, even if there are reasons to reverse ex officio, the defendant's argument about mental disorder still is subject to the judgment of this court, and this will be examined.

3. In light of various circumstances such as the circumstance leading up to the instant crime, the means and method of the crime, the process of the crime, and the Defendant’s act before and after the crime, it is not deemed that the Defendant was under the influence of the Defendant at the time of the instant crime, or that he did not have the ability to discern things or make decisions due to disorder in shocking, etc., and thus, the Defendant’s allegation above is difficult.