The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) and the violation of the Road Traffic Act (after the accident), the Defendant was suffering from the public disorder prior to the instant accident. However, immediately after the instant accident, the Defendant had a weak ability to discern things or make decisions due to the occurrence of yellow disorder.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical weakness, the Defendant is deemed to have been treated for drugs after being diagnosed with an anti-competitive disorder on September 15, 201. However, in light of various circumstances, such as the motive for each of the instant crimes, the background and mode of the crime, the Defendant’s act before and after the crime, the existence and degree of memory as to the situation before and after the crime, the investigation and the attitude in the trial procedure, etc., the Defendant had the ability to discern things or make decisions at the time of escape.

It does not appear.

Therefore, the defendant's mental and physical weak argument is without merit.

B. Considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable even if there is no change of circumstances that may be considered in the sentencing after the lower judgment’s determination on the unfair argument of sentencing, and the various conditions of sentencing as shown in the records and arguments of this case are considered.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.