The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The fact that the Defendant had been punished several times due to the crime of drinking alcohol driving; the Defendant’s blood alcohol concentration level was relatively high at the time of the instant case; the vehicle parked in the process of driving alcohol was damaged to the first floor glass of the commercial building; and the special injury was inflicted on the victim’s neck by using excessive materials, which are dangerous goods, and thus, the Defendant was disadvantageous to the Defendant in light of the criminal tool and the part of the injury.

On the other hand, the defendant recognized his mistake and is against himself, there is no record of punishment beyond fine and violent crimes, and agreed with the victim who is his spouse. After the decision of the court below, the victim, consciousness, and fraud wanting to have the defendant's wife and the defendant receive treatment for alcohol dependence which caused one of the crimes of this case.

It is favorable to the defendant, such as the fact that the defendant's health is well-grounded, and the fact that the defendant's health is not good.

When comprehensively considering the above circumstances as well as the overall sentencing conditions of Article 51 of the Criminal Act as shown in the records and arguments of this case, the sentence imposed by the court below against the defendant is deemed unfair.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 of the Criminal Act applicable to the crime and Article 258-2 of the choice of punishment;