특정범죄가중처벌등에관한법률위반(운전자폭행등)
The defendant's appeal is dismissed.
1. The sentencing of the court below (one year and six months of imprisonment, two years of suspended sentence, 160 hours of probation and community service order, 40 hours of an order to attend lectures for alcohol addiction treatment) is too unreasonable.
2. The fact that the degree of injury of the victim in the judgment on the grounds of appeal is not severe, and that the defendant recognized his mistake and the victim did not want the punishment of the defendant by agreement with the victim is an element of sentencing favorable to the defendant.
However, the crime of this case is not only a victim but also a dangerous crime that may cause serious harm to the life, body, etc. of a third party by assaulting a taxi driver while driving the taxi, and considering all of the sentencing conditions stated in the argument of this case, such as the defendant's age, background of the crime, means and method of the crime, and circumstances after the crime, the sentence of the court below, within the recommended range of the sentencing guidelines, is too unreasonable in the absence of any particular change in the sentencing grounds after the sentence of the court below.
3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.