The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was under the influence of alcohol and was in the state of mental disability or mental disability.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of each evidence duly admitted and investigated by the court below as to the claim of mental disorder or mental disability, the defendant is deemed to have drinking alcohol at the time of the crime of this case, but on the other hand, in light of all the circumstances such as the circumstance leading to the crime by each of the above evidence, the method of the crime, and the defendant's specific behavior attitude before and after the crime, the defendant did not have the ability to discern things or make decisions due to drinking at the time

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

B. Although considering the fact that the defendant's decision on the assertion of unfair sentencing is against the defendant and the blood alcohol concentration is low, it is inevitable to sentence the defendant to the punishment of this case in light of the fact that the defendant was sentenced to a fine for violation of the Road Traffic Act at the Chuncheon District Court on April 24, 2008 due to the crimes of violation of the Road Traffic Act, etc., ten months of imprisonment and two years of suspended execution, and even though he was already sentenced to a fine on August 26, 201, it is inevitable to sentence the punishment of this case in light of the fact that the defendant again committed the crime of this case, even though he was sentenced to a fine on August 26, 201.

In addition, considering the defendant's age, character and conduct, family environment, criminal records, circumstances leading to the crime of this case, circumstances after the crime of this case, and all the sentencing conditions shown in the records and arguments, the punishment sentenced by the court below is not appropriate and hot. Thus, the defendant's above 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.