The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) 1 and 2 of the lower court’s punishment (a prison term of 6 months and a fine of 5 million won) is too unreasonable.

2. Determination

A. As to the judgment of the court below 1, the following circumstances are favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the mistake; (b) the health status appears to be not good due to the physical disability 6 level; and (c) the Defendant’s children wanted to have the Defendant’s prior wife blickly.

On the other hand, the crime of this case is a case of assaulting the victim who is the former wife, and the crime of this case is not less than 20 times, and the defendant has already been subject to criminal punishment due to violent crimes, and in particular, on November 7, 2013, he was sentenced to 10 months by the Jeonju District Court for the crime of injury, etc. on July 7, 2014 and again committed the crime of this case during the period of repeated crime after the execution of the sentence was completed, and the fact that the defendant was not able or agreed with the victim is unfavorable to the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the first instance court’s punishment is too excessive and it is not deemed unfair. Therefore, the Defendant’s allegation of sentencing in this part is without merit.

B. As to the judgment of the second instance, the following facts are favorable to the Defendant: (a) the Defendant recognized the instant crime and against the mistake; and (b) the fact that the recipient of basic living benefits appears not to have good economic standing.

On the other hand, the crime of this case is committed by the defendant, while under the influence of alcohol 0.214%, by driving a cargo vehicle under the influence of alcohol, without being aware of the nature of the crime, despite the fact that the defendant had already been subject to criminal punishment twice due to driving of alcohol, and at the same time, the defendant committed the crime of this case without being aware of it, and at the time of detection, the alcohol concentration level of the defendant was very high to 0.214%.