The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant suffered from depression, alcohol dependence, etc., and was in a state of mental disorder by taking the treatment medicine and drinking.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental suffering claim, the defendant was treated as alcohol dependence after the crime of this case, depression disorder, etc. before the crime of this case, and was found to have been in a drunken state at the time of the crime of this case, but in full view of the circumstances of the crime, method and method, circumstances after the crime of this case, etc., it is not deemed that the defendant did not have reached a state where he had the ability to discern things or make decisions at the time of

Therefore, the defendant's argument of mental disability is without merit.

B. As to the assertion of unfair sentencing, the instant crime committed by the Defendant committed an assault against the driver of a motor vehicle in operation to inflict an injury on the victim. Such a crime is highly likely to lead to a large accident, and the Defendant again committed the instant crime during the period of repeated crime even after having been sentenced to imprisonment with prison labor for not less than one year and two months due to the crime of injury, etc.

On the other hand, the fact that the defendant recognized the facts of the crime, the fact that the victim does not want the punishment of the defendant by mutual consent with the victim, and the fact that the defendant received hospitalized treatment due to depression, etc. is not good.

The above circumstances and the defendant's age, character, conduct and environment, motive, means and consequence of the crime of this case, all of the sentencing conditions shown in the argument of this case, including the circumstances after the crime, and the scope of recommended sentencing guidelines according to the sentencing guidelines established by the Supreme Court sentencing committee.

1. The scope of punishment by law: