The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant dangerous act, was in a state of having no or weak ability to discern things or make decisions due to drinking, and thus, the lower court did not recognize it, thereby adversely affecting the conclusion of the judgment by misunderstanding the fact concerning the defect or mental and physical disability.

B. The lower court’s sentence of unreasonable sentencing (three years and four months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, the fact that the Defendant was in a state of drinking alcohol to some extent at the time of committing the crime of bodily injury resulting in the dangerous article.

However, in full view of all the circumstances, such as the background leading up to the above crime, the means and method of the crime, the criminal defendant's criminal conduct before and after the crime, and the circumstances after the crime, it is determined that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

The judgment of the court below is correct if the court below does not recognize the mental and physical disorder of the defendant, and there is no error of mistake in the judgment below

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

B. The Defendant was sentenced to a suspended sentence of one year of imprisonment for violating the Punishment of Violences, etc. Act in 1999 and was sentenced to a three-time fine due to the crime of drunk driving, etc.

The blood alcohol concentration of this case is very high to 0.202%. The crime of injury to carry dangerous articles in this case is a case where the victim gets the head, etc. of the victim several times, which is a dangerous article on the ground that the victim’s horse is disregarded, and inflicted an injury within six weeks prior to the victim. The crime is a bad nature in light of the form and circumstance of the crime, the danger of such act, etc.