A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant case.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. According to the records of the judgment on the assertion of mental and physical disorder, even though the defendant was in a drunken state at the time of the crime of this case, in light of the background, method, and the defendant's behavior before and after the crime of this case, it does not seem that the defendant was under the influence of alcohol and did not have the ability to discern things or make decisions, so the above argument by the defendant is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing interfered with the Defendant’s car page operation business by taking the alcohol and alcohol into consideration the Defendant’s age, character and conduct, environment, background, means and consequence of the instant crime, circumstances after the instant crime, etc., and thus, it cannot be deemed that the Defendant’s sentence imposed by the lower court is too unreasonable, on the grounds that the Defendant’s above assertion is groundless.

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.