2. In full view of all the circumstances, such as the motive, background, 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.

Next, in regard to the assertion of unfair sentencing, the lower court appears to have determined the penalty by reducing the fine amount (two million won of a fine) of the summary order against the Defendant in consideration of all the circumstances, taking into account the fact that the Defendant had been subject to criminal punishment for more than 30 times, and the Defendant committed the instant crime at the same time, and taking into account various sentencing conditions indicated in the records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and therefore, this part of the allegation 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.