The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (1) The Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.

(2) The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. (1) According to the records of this case as to the assertion of mental and physical weakness, the defendant is deemed to have been under the influence of alcohol at the time of committing the crime as set forth in paragraph (2) of the decision of the court below, but the defendant lacks the ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

(2) The fact that the Defendant’s judgment on the unfair argument of sentencing reflects the offense is favorable to the Defendant.

On the other hand, the following facts are disadvantageous to the defendant.

The defendant has a history of criminal punishment on several occasions due to drinking driving and driving without a license, and is also subject to criminal punishment on a motor vehicle accident while driving a motor vehicle.

In spite of such a fact, without any reflection on the period of repeated crime, a non-licensed driving and a drunk driving have been repeated due to the same crime, and the victim was injured by a traffic accident, and the victim was damaged by the damaged vehicle, but the crime was committed without taking any measures and escape.

At the time of the accident of this case, the alcohol concentration of the defendant's blood was 0.202% high.

There was no agreement with the victims.

As such, the nature of the crime of this case is very bad, and the risk of recidivism is extremely high in light of the criminal records and the criminal habits, and the defendant seems to lack compliance awareness, so it is necessary to punish the defendant strictly.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the commission of the instant crime, etc., the lower court’s punishment is too unreasonable.