A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder or mental disorder.

B. In light of the Defendant’s health condition of unreasonable sentencing, family environment, etc., the lower court’s punishment (2 million won) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant was found to have committed the crime of this case under drinking, in light of the circumstances before and after the crime of this case, the circumstance leading up to the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it does not seem that the defendant was in a state where he did not have the ability or did not have the ability to make a decision to discern things

B. The Defendant’s wrong determination on the assertion of unfair sentencing is against the wrongness of the Defendant, and the circumstance that the health of class 4 of visual disability is not good is recognized.

However, in full view of the fact that the Defendant had been punished several times, but once again repeats the same kind of crime, and the conditions of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, environment, character and conduct, and circumstances after the crime, it is not recognized that the fine imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.