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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability due to drinking, etc. at the time of the instant crime.
B. The lower court’s sentence of unreasonable sentencing (one million won by fine) is too unreasonable.
2. Determination
A. According to the record of the judgment on the claim of mental retardation, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but considering the degree of drinking at the time of the crime of this case, the circumstances leading the defendant to the crime of this case, the method of the crime, the defendant's attitude and words before and after the crime of this case, and the circumstances after the crime of this case, it cannot be deemed that the defendant did not have the ability to discern things or make decisions due to drinking, etc., and therefore, this part of
B. Even when considering the fact that the defendant's act of this case itself is recognized as the act of this case itself and is against it, there is no record of criminal punishment as the primary offender, there is a family member to support it, and economic situation is difficult, the crime of this case is refused by the defendant to take a drinking test by the police officer without justifiable grounds, and the case is not less than 1 to 3 years, and the statutory punishment for the crime of this case constitutes a fine of not less than 5 million won, and the defendant is punished by a fine of not less than the lower limit, and the court below comprehensively takes into account all other circumstances that form the conditions for sentencing, such as the defendant's age, character, character, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable. Thus, this part of the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.