The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness due to depression and alcohol fluence.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, it is recognized that the defendant was diagnosed by the psychiatrist on June 30, 2008 as “other mental and behavioral disorders through alcohol use” etc., and received counseling and pharmacologic treatment. However, in light of the circumstances leading to the crime of this case, circumstances before and after the crime of this case, statements made by the investigation agency and the court of original instance, etc., the defendant was in a state of lack or lack of the ability to discern things or make decisions due to depression and proof of alcohol at the time of this case.

shall not be deemed to exist.

Therefore, the defendant's mental disorder is without merit.

B. The Defendant recognized the instant crime and went against the mistake regarding the wrongful argument of sentencing.

The degree of injury of the victim is relatively minor, and the injured party does not want to punish the defendant by mutual consent with the victim.

The crime of this case is one of the concurrent crimes under Article 37 of the Criminal Act with the violation of Road Traffic Act (unlicensed driving) stated in the judgment of the court below, and the other concurrent crimes after Article 37 of the Criminal Act. It is necessary to consider equity with the case to be judged at the same time in accordance with Article 39

However, in 202, 2006, and 2015, the Defendant was sentenced to three times of a fine due to drinking alcohol driving, and was found to have been sentenced to two times of a fine on June 2016 and August 2016, and the relevant case is pending in trial due to the detection of driving without a license. However, without being aware, while driving without a license under the influence of alcohol 0.137% of alcohol while driving without a license, resulting in a traffic accident by the negligence of the central line, resulting in human damage.

The defendant commits this crime.