A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following, the lower court’s determination as to the Defendant’s mental and physical disorder by the evidence duly admitted and examined: (a) the background and method of each of the instant crimes; (b) the Defendant’s behavior before and after the commission of the crime; (c) the Defendant’s statement at an investigative agency; and (d) the Defendant’s speech and behavior at the time of the detection of drunk driving; and (d) the fact that the Defendant’s speech and walking conditions were stated as both good at the time of the detection of drunk driving, it cannot be deemed that the Defendant was in a state of loss or weak ability

Therefore, the defendant's mental disorder is without merit.

B. The circumstances favorable to the Defendant include: (a) there was no loss of human life due to each of the instant crimes, and the fact that the Defendant recognized all of his mistake and reflected, etc.

On the other hand, the current state building and fire prevention crime is a serious crime that is likely to cause serious damage to the lives and property of a large number of people, and the building owned by the victim was destroyed by the accident of KRW 50 million for repair cost to the present state building and fire prevention crime of the present state building of this case, and thus, damage to the victim's property, the victim wanted to reverse it and demanded the original court to put the defendant against strict punishment. The defendant had a record of being subject to criminal punishment for drinking driving three times or more even before, and the defendant committed each of the crimes of this case during the grace period of imprisonment with prison labor for up to two years on January 11, 2017.