2. In full view of all the circumstances, such as the motive, process, means and method of the instant crime indicated in the record, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, prior to the determination, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, this part of the argument is without merit, since it cannot be seen as having reached a state of or weakness.

Next, considering the argument on unfair sentencing, the court below seems to have determined the punishment by reducing the fine amount (the fine of KRW 500,000) of the summary order against the defendant in consideration of all the circumstances already, and there are no changes in circumstances after the decision of the court below, and other various sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, this part of the argument is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.