A. The Defendant had mental and physical weakness at the time of committing the instant crime.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is excessively unreasonable.

2. Determination

A. According to each evidence duly admitted and examined by the lower court on the part of the argument of mental and physical weakness, the Defendant’s drinking at the time of the instant case is recognized.

However, in light of the circumstances leading up to the instant crime, the means and method of the crime, the criminal defendant’s conduct before and after the crime, etc., it cannot be deemed that the act has led to the weak state of the ability to discern things or make decisions.

Even if the Defendant had a mental disorder at the time of committing the instant crime

In light of the above, the Defendant’s physical and mental disorder cannot be mitigated pursuant to Article 10(3) of the Criminal Act, inasmuch as the Defendant’s physical and mental disorder led to the instant crime while driving after having caused her physical and mental state.

This part of the defendant's assertion is not accepted.

B. The Defendant has a record of being punished several times, including having been sentenced twice a suspended sentence due to the same kind of crime.

The alcohol concentration in blood is also 0.149% high.

In addition, comprehensively taking account of all the circumstances that form the conditions for sentencing, such as the background, means, results, and circumstances after the crime of this case, the lower court’s sentence is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.