The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to mental and physical disorder, which affected the conclusion of the judgment, since the defendant was in the state of having the ability to refund alcohol and to discern things or make decisions, at the time of committing the crime of this case, and thus, the court below erred by misapprehending the legal principles as to mental and physical disorder

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. In light of the background, process, means and method of the instant crime as revealed by the evidence duly adopted and examined by the lower court, and the Defendant’s behavior before and after the commission of the crime, etc., the Defendant was subject to medical treatment and custody with each alcohol proof from May 18, 2009 to November 1, 201, and from July 22, 201 to April 1, 2013. However, even though the Defendant was unable to discern things or make decisions due to mental fissionation as alleged by the Defendant, the Defendant’s above assertion is rejected.

B. In light of the following circumstances: (a) the Defendant’s mistake on the assertion of unfair sentencing is recognized; (b) the extent of damage amount is relatively minor; and (c) the Defendant was sentenced to imprisonment for eight months at the Seoul Northern District Court on November 4, 2013 and the judgment became final and conclusive on November 12, 2013 and the crime of this case became final and conclusive in relation to ex post concurrent crimes; and (c) considering the circumstances before and after the commission of the crime, the Defendant’s age, character and conduct, environment, occupation, family relationship, etc., the lower court’s sentence imposed by the Defendant is too unreasonable.

3. Thus, the defendant's appeal is correct.