2. The Defendant recognized all of the crimes of this case, such as recognizing the facts charged of assault and bodily injury, etc., when it comes to the trial.

The victim of the injury caused by violence does not want to be punished by the defendant from the original trial to the original trial, and even though the injury of the victim is relatively minor, it is favorable to the defendant.

However, on July 24, 2015, the Defendant had been punished several times due to the violation of the Road Traffic Act and various violent crimes, etc., even before the instant case, such as imprisonment for 6 months and suspension of execution for the violation of the Road Traffic Act, 2 years of probation, etc., in the net order support of the Gwangju District Court.

The defendant was driving under the influence of alcohol again during the period of suspension of the execution that he was well aware of, and the blood alcohol concentration is also 0.212% higher.

In light of all favorable circumstances to the Defendant as seen earlier, the lower court determined the sentence against the Defendant after discretionary mitigation, and there is no change in sentencing conditions that may be newly considered in the trial compared to the lower court, in addition to recognizing the Defendant’s crime of assault and bodily injury in the trial.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.