The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant, while under the influence of alcohol at the time of committing the instant crime, committed the instant crime under the mental and physical loss or mental weakness, he is unable to punish the Defendant, or his sentence should be mitigated.

B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.

2. Determination

A. According to the record of the instant case’s assertion of mental disorder, even though the Defendant was in a drunken state at the time of committing the instant crime, in view of the background leading up to the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, the Defendant was in a state that he did not have or lacks the ability to discern things or make decisions at the time of committing the instant crime.

shall not be deemed to exist.

Therefore, the defendant's above assertion is without merit.

B. We examine the determination of the unfair argument of sentencing. The crime of this case was committed on the road of the second line of the vehicle from which the defendant passed along, and the nature of the crime is not good, and there is no particular change in sentencing conditions compared with the original judgment. In full view of the circumstances, means and result of the crime of this case, the circumstances after the crime, the defendant's age, health, sexual behavior, environment, and various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is not unfair. Thus, the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.