The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness or mental loss due to drinking.

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

2. Determination

A. In full view of the facts found by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, comprehensively taking into account the background leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, even though it was found that drinking was a drinking condition, the Defendant had no or weak ability to discern things or make decisions due to drinking.

As such, the defendant's above assertion cannot be accepted.

B. In light of the risk of each of the instant crimes to determine the illegality of sentencing, considering the significant nature of the crime in light of the risk of each of the instant crimes, the Defendant’s previous convictions of the crime of violating the Road Traffic Act due to drinking driving and driving without a license, the Defendant’s blood alcohol concentration is very high, and other factors of sentencing indicated in the records, such as motive and background leading to the instant crime, the Defendant’s age after the commission of the crime, the Defendant’s sexual behavior, and the environment, etc., even if having agreed with the victim of the traffic accident during the investigation process, the lower court’s sentence against the Defendant is too unreasonable. Therefore, the aforementioned assertion by the Defendant is without merit.

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.