All appeals by the defendant and the prosecutor are dismissed.

1. The court below dismissed the prosecution as to the assault among the facts charged in the instant case and sentenced the remainder of the facts charged.

However, since the defendant and the prosecutor appealed only about the guilty part and the dismissed part of the prosecution is separated and confirmed, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The defendant asserts that the reasoning of the appeal is too unreasonable because of the punishment sentenced by the court below (the amount of eight million won). The prosecutor asserts that the prosecutor is too unfied and unfair.

3. Determination of the crime of this case is an unfavorable circumstance to the defendant, which causes a traffic accident while driving under the influence of alcohol resulting in injury to the victim, refusing a police officer’s legitimate request for measurement of alcohol so that the crime of this case is not good. Although the defendant had been sentenced to a fine of KRW 1 million due to a violation of the Road Traffic Act in 1997, and a fine of KRW 5 million due to a violation of the Road Traffic Act in 2014, the defendant again committed the crime of this case even though he had been sentenced to a fine of KRW 5 million due to a violation of

On the other hand, it is recognized that the circumstances favorable to the defendant are also recognized, such as the fact that the defendant confessions the facts of the crime and reflects the victim's injury (in the face of the 2th century), the victim does not want the punishment of the defendant, the victim does not want the punishment of the defendant, the defendant does not have any other criminal record except twice the above fine, according to the rules of employment, reward and punishment, and personnel management regulations of the company where the defendant is in service, and the defendant is sentenced to a suspended sentence or a heavier punishment, such as dismissal, and the defendant seems to have raised 13 years of age or more after divorce with his wife.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., which are the conditions for sentencing as shown in the instant records and arguments.