Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that the facts charged in the instant case was guilty on the grounds stated in its reasoning.

In doing so, there is no error of law by misapprehending the legal principles on "operation while in operation" as provided in Article 5-10 of the Act on the Aggravated Punishment, etc.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

In addition, the argument that the judgment of the court below contains an error of law in incomplete deliberation as to mental disorder is not a legitimate ground for appeal, which is alleged in the ground for appeal by the defendant as the ground for appeal or as not subject to ex officio judgment

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.