A. The Defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of criminal facts of Paragraph 2 of the judgment below.

B. The lower court’s sentence of unreasonable sentencing (three million won by fine) is too unreasonable.

2. Determination

A. According to each statement made by the police statement of each police statement about I, I, and G as to the assertion of mental or physical disorder, it is recognized that the defendant had drinking alcohol at the time of criminal facts as stated in paragraph 2 of the judgment below, but the defendant did not have the ability to discern things or make a decision.

Since it seems that the defendant did not appear to be in a state or weak condition, the above argument by the defendant is without merit.

B. Although the judgment on the assertion of unfair sentencing has more favorable circumstances such as not only one sentence of fine but also there is no other criminal record, and the agreement with the victim as to the crime of paragraph (1) of the judgment of the court below, the criminal facts of paragraph (1) of the judgment of the court below are deemed to have been driven by a motor vehicle while the defendant reaches 0.215% of blood alcohol concentration, and there is a need to punish the motor vehicle in light of the social danger of drinking driving. The above drinking driving led to a traffic accident that leads to a shock of the street lamps, etc. located in opposite opposite to the central line. The criminal facts of paragraph (2) of the judgment of the court below are deemed to have expressed a desire to the police officer who properly performs his duties, and the nature of the crime is inferior, and it is difficult to view that the criminal facts of paragraph (2) of the judgment of the court below are excessively unreasonable since it is too unreasonable to the extent that the sentence imposed by the court below should be reversed.

3. Accordingly, the appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.