The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of assault and damage to the special property in this case on board is not good that the defendant committed an assault in the manner of shocking the victim by moving the victim to the road in order to resist the victim while driving the vehicle, and the above crime was committed around March 24, 2016. Since three months have not passed since the crime was committed, the crime was committed around March 24, 201.

6.5. Driving (0.061% of alcohol level in blood) on the same year;

9.5. On February 23, 2017, the Defendant repeatedly committed the same kind of crime during a short period of time with refusal to take measurements of drinking around May, and on February 23, 2017, with driving of drinking (0.14% alcohol level during blood) around the short period ( further, the Defendant has received a fine of one million won as of September 22, 2016). The Defendant has a very large criminal record of violent crimes, and the Defendant has a history of being punished twice due to driving of drinking, and it is inevitable to sentence the Defendant as a sentence.

However, in full view of the following circumstances: (a) agreement has been reached with the victim of the crime of special assault and destruction of special property in this case; (b) the defendant recognizes and reflects each of the crimes in this case (a) the defendant should support the defendant; (c) the mother and two children should support the defendant; and (d) the defendant's age, environment, sex behavior, motive for the crime, and circumstances before and after the crime; and (e) the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, environment, sex behavior, motive for the crime; and (e) the conditions before and after the crime, the punishment sentenced by the court below is deemed unfair.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is based on the summary of the evidence (2016 order 3945) of the judgment below.