The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. Although the Defendant was under the influence of alcohol at the time of committing the instant crime, the lower court neglected this. The lower court erred by misapprehending the fact about mental and physical disability, thereby adversely affecting the conclusion of the judgment.

B. In light of the overall circumstances of this case’s unfair sentencing, the sentence imposed by the court below (two years of imprisonment for August suspension, two years of probation, community service, 80 hours) is too unreasonable.

2. The Defendant, ex officio, was sentenced to ten months of imprisonment with prison labor for an injury, etc. at the Cheongju District Court on December 19, 2014, and the said judgment became final and conclusive on December 27, 2014. As such, the crime of injury, etc. for which judgment became final and conclusive is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case is determined after considering equity and the mitigation of punishment or exemption pursuant to Article 39(1) of the Criminal Act. Thus, the lower court, which did not take such measures, cannot be maintained any longer.

However, even though the above reasons for ex officio reversal exist, the above argument of the defendant is still subject to the judgment of this court.

3. Comprehensively taking account of the evidence duly admitted by the court below as to the claim of mental retardation, the defendant is deemed to have a bad drinking at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the circumstances before and after the crime of this case, and the defendant's behavior, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions. Thus, this part of the allegation is rejected.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again subject to pleading.