The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally weak at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mental and physical weakness and the defendant's statement at the trial court of the court below, the defendant was found to have been under the influence of alcohol at the time of committing the crime of this case, but the main action was in a state where the defendant lacks the ability to discern things or make decisions.

Since the defendant's mental and physical weakness cannot be seen, we cannot accept the defendant's argument.

B. As to the wrongful assertion of sentencing, the fact that the defendant committed the instant crime again during the period of suspension of the execution of imprisonment for the same kind of crime even though there are many criminal records of the same crime, the alcohol concentration in the blood of this case is high, and the defendant's refusal to attend the investigative agency and was arrested is disadvantageous to the defendant.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant’s sentence of imprisonment in this case is final and conclusive; (c) the Defendant has to serve the remaining imprisonment suspended after the sentence of the said suspended sentence is invalidated; (d) the Defendant’s family members to support the Defendant; and (e) other various sentencing conditions indicated in the record and the theory of change, such as the Defendant’s age, sex, environment, motive and consequence of the instant crime; and (e) the lower court’s sentence against the Defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Grounds for a new judgment] The Criminal Procedure Act applies to facts constituting a crime and summary of evidence recognized by the court, as stated in the corresponding column of the judgment below.