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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal is that the defendant recognized the facts of the crime and commits the crime against the mistake, agreed with the victim of the crime of assault and bodily injury, that the victim's degree of injury is not more severe, that there was no record of punishment more severe than the fine for the same crime with respect to the crime of drinking driving, that the alcohol concentration in blood is less than the amount of the license suspension, and that the defendant's environment, family relationship, etc. are too unreasonable (eight months).
2. The lower court, on the grounds of appeal, sentenced the Defendant to eight months imprisonment in consideration of the circumstances favorable to the Defendant and the recommended sentencing guidelines of the Supreme Court sentencing committee, etc.
An act of assaulting a driver of a motor vehicle in operation constitutes a serious crime that has a risk of causing a large number of harm to human life or property as well as physical damage of the driver.
In this case, due to the Defendant’s act of assault by the driver, there was a traffic accident in which the Defendant’s vehicle actually conflicts in the vicinity of the center, and even in this situation, the Defendant continued to assault the victim and inflict injury on the victim.
B. The defendant has been punished for violent crimes several times, and in particular, the defendant has committed the same kind of crime during the grace period even though he was sentenced to a suspended sentence due to the crime of injury.
In addition, the defendant did not do so, but did not know about the crime of assault and bodily injury of the above driver, and further committed the crime of drinking of this case without being aware of it in the situation of being tried by the first trial.
The defendant has a variety of criminal records about drinking driving.
Considering these circumstances, all the circumstances asserted by the defendant on the grounds of appeal are considered.