The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, even though the defendant was aware that he had drinking alcohol to a certain degree at the time of the crime of this case, in light of the circumstances leading up to the crime, method of the crime, and the situation at the time of the crime and the subsequent situation, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this

Even if the Defendant was in a state of mental disorder at the time of committing the instant crime, the Defendant did not appear to have reached a weak or weak state, and even if the Defendant had been in a state of mental disorder at the time of committing the instant crime, it led to the instant crime, and thus, it cannot be mitigated due to mental disorder pursuant to Article 10(3) of

Supreme Court Decision 2010Do3252 Decided May 27, 2010, etc. Therefore, this part of the Defendant’s assertion is without merit.

B. Considering the argument of unfair sentencing, the Defendant appears to have an attitude to recognize both the instant crime and reflect on the depth thereof. The victim of the instant traffic accident does not want punishment against the Defendant solely by mutual agreement with the victim of the instant traffic accident, etc. are favorable to the Defendant.

On the other hand, the defendant's driving in a state of drinking alcohol concentration of 0.391%; the defendant's driving in a state of drinking alcohol level of 0.39% not only three times, but also led to the crime of this case during the suspended execution period due to drinking driving; the drinking driving is a crime causing serious harm to the body and property of others as well as himself; and the defendant's driving without a license has caused the actual accident of this case while driving without a license.