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. At the time of committing the instant crime, the Defendant was in a state of mental or physical disorder having no or weak ability to discern things from alcohol or make decisions.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, it is recognized that the defendant committed the crime of this case while drinking alcohol, but in light of the background of the crime of this case, the circumstances before and after the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things at the time of the crime of this case, and therefore, this part of the defendant'

B. The instant crime on the assertion of unfair sentencing is deemed to have been committed by the Defendant, while driving the central line in the condition of 0.186% of blood alcohol concentration, and thereby getting out of the victim’s taxi after destroying the victim’s taxi and destroying the traffic accident, and the nature of the relevant crime is considerably poor.

In addition, the defendant has already been punished several times due to drunk driving or unlicensed driving (two times of suspended sentence of imprisonment and five times of fine), and the crime of this case has been committed even though he had already been subjected to two times of suspended sentence of imprisonment, and even though he had been subjected to two times of suspended sentence of drinking driving, the crime of this case has been committed without any genuine reflect.

It is necessary to strictly punish the defendant as it seems that such defendant significantly lacks compliance consciousness and effort to prevent recidivism.

However, the fact that the defendant is divided in depth, and again, he is not driving under the influence of alcohol, the vehicle is covered by the comprehensive motor vehicle insurance, the damage of the victim has been restored, the victim is not punished by the defendant under the agreement with the defendant.