The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The crime of this case committed by the defendant with mental or physical weakness was committed in a state of mental or physical weakness under the influence of alcohol.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

With respect to a case that does not fall under death penalty or imprisonment with or without prison labor for an indefinite term or for more than ten years, where the whereabouts of the defendant cannot be confirmed even after six months have passed since the receipt of a report on the failure to serve on the defendant, as prescribed by the rules of the Supreme Court, pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Provisions of this case”), a trial may be conducted without the statement of the defendant, as prescribed by the rules of the Supreme Court.

However, in case where a defendant who was convicted pursuant to the special provisions of this case was not able to attend the trial due to a cause for which he cannot be held responsible, the defendant, etc. may request the first instance court to conduct a retrial within 14 days from the date on which he becomes aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “the provisions of this case”). If the defendant, etc. was unable to request a retrial within the above period due to a cause for which he cannot be held responsible, he may request the first instance court to conduct a retrial within 14 days from the date on which the cause ceases to exist.

As to the judgment of the court of first instance rendered guilty without the defendant's statement pursuant to the special provisions of this case, where the defendant claimed for recovery of the right to appeal and accepted it on the ground that he could not file an appeal within the period of appeal due to a cause not attributable to the defendant or his representative without requesting a retrial pursuant to the provisions of the retrial of this case, the defendant may attend the trial proceedings on the ground that he could not be held responsible for such cause.