The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of weak mental and physical disorder to drink alcohol under the influence of a mentally and physically.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the judgment of the court below as to the claim of mental disability, the defendant constitutes the Grade 2 of the mental body and is receiving mental treatment due to a stimulative disorder. The defendant is acknowledged as having a mental and physical disorder at the time of the crime of this case, but he is found to have the mental and physical disorder at the time of the crime of this case. Meanwhile, the following circumstances acknowledged by the above evidence are found as follows: although the defendant did not drink two soldiers at the time of the crime of this case, he did not drink it, but he stated that he was cruel as he did not drink as he drink (Evidence No. 35 of the evidence record), other circumstances, means and method of the crime of this case, and the defendant's act before and after the crime of this case. Thus, the defendant's assertion that the defendant does not have any ability to change the mental and physical disorder at the time of the crime of this case and to distinguish things or make decisions with weak intent by drinking them. Thus, the defendant's assertion of mental and physical disability is without merit.

B. Although the nature of the crime of this case is not good to determine the allegation of unfair sentencing, the defendant's recognition of and reflects on the crime of this case, the defendant has continued to receive mental treatment and treatment as a bipolar disorder, there is no record of punishment for the same kind of crime, the defendant's mother's mother is not good for family form, such as raising three children including the defendant as a beneficiary under the National Basic Living Security Act, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments.