The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that from the date of this judgment.

1. The court below dismissed the prosecution of assault among the facts charged in this case, and convicted the remainder of the facts charged.

However, since only a prosecutor appeals against the conviction part of the judgment below, and the dismissal part of the public prosecution is not appealed by both the defendant and the prosecutor, the above dismissal part of the judgment below becomes final and conclusive separately, the scope of this court's judgment is limited to

2. Summary of the grounds for appeal and the sentencing (for example, six months of imprisonment, one year of suspended execution, and 40 hours of attending the law-abiding driving lecture);

3. The Defendant was driving under the influence of alcohol level of 0.219%, and the Defendant caused a traffic accident and sustained injury to the victim.

Furthermore, the defendant tried to report the occurrence of a traffic accident against the victim and committed violence.

Although there is no power that the defendant was punished for drunk driving, there is a record of being sentenced to a fine by the Jung-gu District Court on September 23, 2013 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Considering the above circumstances, it is necessary to punish the Defendant with strict punishment.

There are circumstances that can be taken into account such as the fact that the defendant does not want the punishment of the defendant, the degree of injury of the victim is not serious, and the defendant's wife including the victim wants the defendant's wife. However, considering all the circumstances that are the conditions of the sentencing of this case as shown in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the sentence of the court below is deemed unfair.

4. Accordingly, the prosecutor's appeal is with merit, and it is reversed among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.