The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had a mental disorder at the time of the instant case.

B. The punishment sentenced by the lower court (six months of imprisonment) is excessively unreasonable.

2. Determination

A. According to each evidence duly admitted and examined by the court below on the part of the claim for mental disorder, the defendant's drinking at the time of the instant case is recognized.

However, in light of the circumstances leading up to the instant crime, the means and method of the crime, the criminal defendant’s conduct before and after the crime, etc., it cannot be deemed that the act has led to the weak state of the ability to discern things or make decisions.

Even if the Defendant had a mental disorder at the time of committing the instant crime

In light of the above, the Defendant’s physical and mental disorder cannot be mitigated pursuant to Article 10(3) of the Criminal Act, inasmuch as the Defendant’s physical and mental disorder led to the instant crime while driving after having caused her physical and mental state.

B. The Defendant does not want to punish the victimized party upon agreement with the injured party.

However, the crime of destroying the special property of this case is highly dangerous that the defendant intentionally received the victim's vehicle on three occasions in the state of taking, and is also bad to the nature of the crime.

The Defendant has been punished several times due to drinking driving, etc., but again, has a high risk of recommitting a crime of drinking in this case.

The alcohol concentration at the time of blood is 0.143% high.

The judgment below

There is no new circumstance to consider in sentencing after sentencing.

In addition, comprehensively taking account of all the circumstances that form the conditions for sentencing, such as the background, means, results, and circumstances after the crime of this case, the lower court’s sentence is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.