The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The instant crime of mental disorder is under the influence of alcohol and is committed in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, in light of various circumstances, such as the fact that the Defendant had drinking alcohol at the time of the instant crime, but the Defendant’s behavior before and after the instant crime was found and the Defendant testified in the process of crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. The fact that the victim of the judgment on the argument of unfair sentencing is not subject to the punishment of the defendant is favorable to the defendant.

On the other hand, however, the degree of injury of the victim is not weak, and the crime of this case is committed with the victim's drinking disease and causing the injury, and thus, the crime of this case is not good, and there are several times of criminal records for the defendant, and it is disadvantageous to the defendant.

In addition, comprehensively taking account of the various circumstances that are the conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the background, means and methods of the instant crime, the circumstances after the instant crime, and the Defendant’s age and happiness environment, etc., as indicated in the records and pleadings, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.