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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. A. The Defendant was under the influence of alcohol at the time of the instant crime, and the judgment of the court below was erroneous and adversely affected the conclusion of the judgment.
B. The sentence (1.5 million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. According to the records on the determination of mental and physical disability, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but in light of the circumstances indicated in the records, such as the background of the crime of this case and the defendant's act before and after the crime of this case, it is not recognized that the defendant thereby committed a state where the defendant had the ability to discern things or make decisions at the time of the crime of this case, and therefore, this part of the defendant'
B. It is true that there are extenuating circumstances to consider the Defendant’s judgment on the assertion of unfair sentencing, such as the fact that the Defendant recognized the instant crime and divided his mistake, and that the Defendant has no power to commit a crime exceeding the fine.
However, despite the fact that the Defendant had been punished two times or more due to the same type of crime, the Defendant committed the instant crime, and even after being arrested as a flagrant offender after the instant crime, obstructed the police officer’s duty to prepare documents, obstructed the preparation of documents, and obstructed tobacco within the police box, etc., and determined the sentence considering all favorable circumstances for the Defendant, the lower court determined the sentence in consideration of all the circumstances that are favorable to the Defendant, and without any change in special circumstances or circumstances that may be considered for sentencing newly after the pronouncement of the lower judgment, and other various circumstances that form the conditions for the pleadings and the sentencing indicated in the record of the instant case, including the Defendant’s age, character and behavior, environment, motive, means, and consequence, etc., are comprehensively taken into account.