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The defendant's appeal is dismissed.
Reasons
1. The lower court dismissed the prosecution as to the assault of each of the facts charged in the instant case, and convicted the remainder of the facts charged.
However, only the Defendant appealed the aforementioned guilty portion, and the dismissal of the public prosecution became final and conclusive as it is, as the prosecutor did not separately appeal the aforementioned dismissal part.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
3. The Defendant recognized the facts charged, and agreed with the victims of the instant injury and the traffic accident.
However, the defendant has been punished for crimes related to violence, including punishment, and the criminal records due to drinking or non-licenseless driving have reached nine times only after the lapse of 2000.
The Defendant caused an accident by driving under the influence of alcohol on March 2, 2016 and April 22, 2016 while the trial on driving under the influence of alcohol was in progress.
The blood alcohol content of each of the instant cases is also 0.175%,0.122%.
In full view of the criminal records of the above defendant, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the records and arguments, the sentence of the court below is not deemed unfair.
4. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.