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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.
B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.
2. Determination:
A. In full view of the evidence duly admitted and examined by the court below, it may be recognized that the defendant was in a state of drinking at the time of the crime of this case, but further, it does not seem that the defendant was in a state of mental disability due to drinking at the time of the crime of this case, so this part of the defendant's assertion is without merit
B. There are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized the instant crime of unfair sentencing and against the Defendant, and that there is considerable economic difficulty as a beneficiary under the National Basic Living Security Act, and that the Defendant is a disabled person of the third degree with a delay disability, and that support a large-level disabled person of the second degree with a mental retardation disability.
However, the crime of this case is not only a defendant's drinking while driving alcohol, but also a police officer's failure to comply with a police officer's request for measurement of drinking without any justifiable reason. The crime of this case is not less severe, and the defendant has been sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (Refusal of EM measurement) even in 2000, and the defendant's punishment against the defendant constitutes the maximum punishment that has been reduced by selecting a fine among the statutory punishment for the crime of this case. In addition, considering the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and circumstances after the crime, etc., the defendant's punishment against the defendant is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.
3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.