The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The following can be considered in light of the circumstances favorable to the Defendant: (a) the Defendant’s failure to commit the instant crime; (b) the victim’s injury is relatively minor; and (c) the victim expressed his intention to punish the Defendant upon agreement with the victim during the investigation process; and (d) if imprisonment without prison labor or heavier punishment is finalized in the instant case, the fact that the execution of another crime should be suspended in relation to the previous one.

However, even though the Defendant had previously been punished for drinking driving three times, and all of them were punished by a fine, the Defendant again committed the instant crime. At the time of the instant crime, the blood alcohol concentration level is considerably high.

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the following conditions of sentencing, such as the defendant's age, sex, environment, circumstances after the crime, circumstances after the crime, and records of the crime, etc., the sentence of the court below against the defendant is too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.