The defendant's appeal is dismissed.

1. Summary of grounds for appeal (non-incompetent of mental disability and unreasonable sentencing)

A. The Defendant was in a state of mental disability due to drinking at the time of the instant crime.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below, it is recognized that the defendant was in a state of drinking at the time of committing the instant crime.

However, in light of the circumstances leading up to the instant crime, means, methods, and the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant had weak ability to discern things or make decisions due to drinking, etc. at the time of the instant crime.

The defendant's argument of mental disability is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is going against his or her wrong mistake and lives in good faith.

The Defendant had committed the instant crime while suffering from depression due to the death of the adoptive parent.

However, the crime of this case was committed by the defendant with a very high blood alcohol content of 0.415%, and the crime of this case was breathe and the responsibility for the crime is heavy.

The defendant has a criminal record of 20 times including traffic crimes, and among them, he/she has been punished for the same kind of crime, such as drinking driving or refusing to measure drinking, six times.

The defendant has not improved repeated punishment, and the risk of recidivism is also high.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, motive and background of the offense, and circumstances after the offense, etc., the sentencing of the lower court cannot be deemed as being excessively unreasonable because it goes beyond the reasonable discretion.

The defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.