The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A mentally ill-minded defendant is suffering from brain surgery and aftermath surgery due to traffic accidents, and even though he was under the influence of alcohol at the time of the crime in this case, the lower court neglected this.

In light of the overall circumstances of this case of unfair sentencing, the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

The evidence submitted on the argument of mental or physical disability alone is insufficient to recognize a legacy after an operation as alleged by the defendant. In light of the background of the crime of this case recognized by the record, the means and methods of the crime, the defendant's attitude and words revealed before and after the crime, and the contents of the criminal records of the defendant, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but it does not seem to have reached the state where the defendant's ability to discern things or make decisions is weak. Thus, this part of the argument is rejected.

Although the Defendant did not physically assault the victim, but expressed his/her intention not to punish the victim without any condition, intimidation as to the safety of passengers aboard the vehicle may cause serious danger not only to the driver, but also to the safety of the passengers aboard the vehicle. The Defendant did not engage in a crime even though he/she was in the period of suspension of execution due to a special obstruction of performance of official duties, etc., in which he/she was found in his/her body, and even though he/she was in his/her body, he/she did not take advantage of his/her responsibility for the crime, and all other sentencing conditions, such as the Defendant’s age, family relation, criminal record, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., are considered as appropriate.