The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disability, mental disability, or mental disorder.

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

2. Determination

A. According to the evidence duly admitted and examined at the trial of the trial on the assertion of mental and physical disorder, the Defendant is deemed to have weak ability or decision-making ability to discern things at the time of committing each of the instant crimes, in full view of the following: (a) the Defendant is a person with intellectual disability 2; (b) the overall intelligence index 45; and (c) social index 49.5; and (d) other facts, such as the Defendant’s behavior and behavior in the trial court.

In the court below which did not reduce mental disorder, the court below erred by misunderstanding facts concerning mental disorder.

3. If so, the defendant's argument of mental disability is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the judgment below is again ruled as follows.

Criminal facts

The facts constituting the crime acknowledged by this court are as stated in the corresponding column of the judgment below, except for the addition of "the defendant, as a class 2 disabled person with intellectual disability, has committed the following crimes in a state that he or she lacks the ability to discern things or make decisions as a class 2 disabled person," and therefore, they are cited as it is in accordance with Article 369 of

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written statements of D;

1. An investigation report (Confirmation of the distance driven by a suspect A);

1. The register of on-site photographs, damaged objects photographs, maps, and driver's licenses;

1. Application of Acts and subordinate statutes to welfare cards and disability diagnosis certificates;

1. Relevant Article 331(1) of the Criminal Act in relation to the crime, the choice of punishment, and Article 152 subparag. 1 of the Road Traffic Act.