The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime with mental or physical disorder is under the influence of alcohol, thereby having committed the instant crime in a state of mental or physical loss or mental weakness.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case are examined as follows: (a) the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Ulsan District Court on June 20, 2017; and (b) on June 28, 2017, the said judgment became final and conclusive.

The crime of special injury to the defendant and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which became final and conclusive in the judgment of the court below against the defendant, are concurrent crimes with the latter after Article 37 of the Criminal Act, and the punishment shall be determined after considering equity with the case to be judged at the same time in accordance with Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment. In this regard, the

B. In light of the background of the instant crime, means and method of the instant crime, the details of the crime, and the circumstances after the crime, etc., even though the Defendant was in a relatively detailed state of drinking alcohol at the time of the instant crime, the Defendant is deemed to have had no or weak ability to discern things under the influence of alcohol at the time of the instant crime, and thus, the foregoing assertion by the Defendant cannot be accepted.

3. Thus, the defendant's mental and physical disability is without merit, but the judgment of the court below is without merit. Thus, the judgment of the court below is based on Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing.