The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, while under the influence of alcohol at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness (the Defendant appealed on the ground that sentencing was unfair on the trial date at the first instance trial of the first instance trial).

However, on August 27, 2018, which was submitted by the Defendant, stated the above assertion in the reasoning of appeal on August 27, 2018, and did not explicitly withdraw the above assertion at the trial date of the trial, it is to be determined as to the above argument. (b) The punishment of the lower court which was unfair in sentencing (no. 8 months) is too unreasonable.

2. Determination

A. As to the assertion of mental disorder, it is recognized that the Defendant had drinking alcohol at the time of the crime of this case, but in light of the background, means and methods of the crime of this case, the details of the crime, and the Defendant’s behavior before and after the crime of this case, it does not appear that the Defendant did not have or lacks the ability to discern things at the time of the crime of this case.

B. In consideration of the fact that the defendant had been punished twice due to drinking, the defendant caused the mental and physical disorder of the defendant even though he predicted or could have predicted the risk of driving under the influence of alcohol at the time of drinking.

Therefore, it cannot be asserted as a reason for mitigation of responsibility pursuant to Article 10(3) of the Criminal Act.

The defendant's mental disorder is not accepted.

B. In a case where there is no change in the conditions of sentencing compared to the lower court’s unfair assertion of sentencing, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new materials for sentencing have not been submitted at the trial of the lower court, there is no change in the conditions of sentencing compared to

The court below's reasons for sentencing is that the defendant's health condition, sex, environment, and the details and circumstances of the crime of this case in various circumstances stated in the column for sentencing.