The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal: ① the Defendant, at the time of committing the instant crime, was in a state of mental and physical disability by drinking more than a significant amount of drinking, and ② the punishment of the Defendant (one year and six months of imprisonment) declared by the lower court is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, the defendant is recognized as having drinking a considerable amount of alcoholic beverages, such as spawn and beer on the day of the crime of this case.

However, in light of the circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, the method and method of the instant crime, and the circumstances before and after the instant crime, it cannot be deemed that the Defendant did not have reached a state where he had the ability to discern things or make decisions due to drinking at the time of the instant crime. Therefore, this part of the Defendant’s assertion is without merit

B. As to the assertion on unfair sentencing, the crime of this case was committed by the Defendant against the victim, who is the driver of a vehicle in operation, and thus, the victim was directly injured, as well as the victim was able to cause a major accident, thereby causing the risk.

Furthermore, even though the Defendant, under the influence of alcohol, was sentenced to a suspended sentence of two years for the six months of imprisonment because he committed a crime of obstructing the performance of official duties by assaulting police officers, the Defendant again committed the instant crime while drinking alcohol during the suspended sentence.

These points are disadvantageous to the defendant.

However, the above considerable amount of alcohol is performed in the course of the defendant's criminal conduct and the mistake is divided, the victim's injury does not reach a serious degree, the defendant paid 6 million won to the victim, and the victim wants to pay 6 million won to the victim, and the victim also desires the defendant's wife, and the defendant's contact with the customer in order to overcome the situation where it is difficult to supply clothing and subsidiary materials operated by the defendant.