The defendant's appeal is dismissed.

1. The lower court rendered a judgment dismissing public prosecution as to the assault among the facts charged in the instant case, and rendered a judgment of conviction as to the remainder of the facts charged.

However, only the defendant appealed for the guilty portion, and the dismissal of the above indictment became final and conclusive separately as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

3. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflects, that the defendant's economic situation is not good, and that the defendant is in the position to support the mother of 97 years old who suffered from the rash of her retirement.

However, the Defendant again committed the instant crime during the period of repeated crime, which is more than ten months after having been sentenced to a fine due to drunk driving, including more than six previous criminal records, more than 51 times of imprisonment, and more than one month of imprisonment due to the crime of false accusation, etc. In this case, it is recognized that blood alcohol concentration is higher than 0.142%.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too unreasonable.

4. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.