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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 17, 2014, the Defendant: (a) around 20:40 on August 20, 2014, around 17:7, the Cheongju City, a road in front of the 1700 Simpam, and (b) caused the victim D (the age of 49) who is driving the said vehicle as an agent, and the fee due to the rate, the Defendant, as drinking, was injured by the victim on one occasion; (c) caused the victim on one occasion by drinking; and (d) caused the victim’s spathal, etc. in need of approximately four weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A E-document;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;
2. Scope of recommendations based on the sentencing criteria: Imprisonment for 10 months to 2 years (decision of type): Violence crime
3. Determination of sentence: Imprisonment with prison labor for a year and six months, suspension of execution for a period of two years, community service, and 160 hours; the crime of this case committed by the defendant by assaulting the victim, who is a substitute driver, was under guard, and was under guard, resulting in an injury requiring four-day medical treatment for the victim; and the crime committed by a driver, assault is a serious crime resulting in a traffic accident and resulting in a high risk of causing human injury to many and unspecified persons.
The victim, due to the crime of this case, did not change the degree of damage due to the injury of a baby, etc., and the defendant has already been punished three times due to violent crimes.