The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of driving of the instant case, the Defendant was under the influence of alcohol so that he was unable to discern things or make decisions.

B. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. Determination of the assertion of mental disorder is recognized by the Defendant to a certain degree of drinking alcohol at the time of driving of the instant case.

However, in light of the circumstances leading up to the driving of the instant case, driving methods, and the Defendant’s conduct before and after driving, etc., it does not seem that the Defendant, due to such circumstance, did not have reached a state where the Defendant was unable to discern things or make decisions.

Even if the Defendant had a mental disorder at the time of driving the instant case

Even though the defendant, who had been punished three times due to drinking driving, predicted or could have predicted the risk of driving under the influence of alcohol in the event of drinking, he was driving after he had predicted or predicted the risk of driving under the influence of alcohol. As to such acts of the defendant, Article 10(3) of the Criminal Act applies, and thus, the defendant cannot be held liable for damages caused by mental disorder or mitigated punishment.

Therefore, the defendant's mental disorder is not accepted.

B. In light of the fact that the Defendant had been punished three times due to drinking or non-licensed driving, and again had the history of having been punished several times due to larceny, the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, it is not recognized that the Defendant’s illegal assertion of sentencing is unfair, on the grounds that the Defendant’s punishment is too unreasonable, is not accepted.

3. The Defendant’s appeal is without merit and thus, pursuant to Article 364(4) of the Criminal Procedure Act.