The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Legal doctrine misunderstandings (mental and physical disorder) the Defendant, at the time of committing the instant crime, was drunk and has no memory at all, and the Defendant committed the instant crime.

Even at that time, there was mental and physical loss or mental weakness at that time.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. According to the records on the assertion of misapprehension of the legal principles, the defendant was treated with an anti-competitive disorder, etc., and the fact that the defendant was in a drunken condition at the time of committing the crime of this case is recognized, but the court below and the court below found that the defendant was in a bad condition at the time of committing the crime of this case, and the following circumstances acknowledged by these evidence: (a) the defendant appears to have returned to his own proxy driver after committing the crime of this case, and (b) the defendant stated to the effect that the defendant was able to communicate with the defendant at the time of this case at the trial, even if he requested for a measurement of drinking, the defendant stated to the effect that he was able to communicate with the defendant at the time of this case under the influence of alcohol at the time of committing the crime

It is not recognized.

In addition, the defendant did not memory the content or situation at the time of the crime of this case.

However, this is due to the witness blackout symptoms (blak-out, inner cloaking), which shows that alcohol has a negative influence on the input and interpretation of information by lowering the activities of a sea-end cell which is a temporary memory repository, but even in such a case, other parts of brain are known to be maintaining normal activities, and such circumstance alone does not lead to the defendant's mental or physical loss or mental weakness at the time of committing the instant crime.

Therefore, this part of the defendant's argument is without merit.

(b).