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A defendant shall be punished by imprisonment for not more than ten 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
1. Around 02:10 on July 5, 2014, the Defendant: (a) stated that, under the influence of alcohol at the center of “D” in Jinju City, the Defendant was a passenger on the back seat of F taxi that the victim E (the age of 53) driven under the influence of “D” and was in front of the Southern River Call Bureau in the same city where the victim was a destination, and was in front of the Southern River Bureau in the same city where he was a destination; and (b) stated that, on the ground that the part of a flag is bad, the Defendant used the victim, who was a driver of a motor vehicle, a driver of a motor vehicle, who was in operation, for drinking twice the number of back water of the victim.
2. In the context of “D” as indicated in the above Paragraph 1 above, the injured Defendant saw the victim’s breath, who sees the victim’s breath to use another vehicle from the victim who fladd on the back and on the vehicle, and boomed the victim’s flaps, which requires approximately 14 days medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Witness E;
1. A photograph of damage and a written diagnosis of injury;
1. Application of Acts and subordinate statutes on details of handling 112 Reporting Cases;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the same Act concerning criminal facts as well as Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;
2. Application of the sentencing criteria;
(a) Basic crimes: Crimes of bodily injury (determination of types), violent crimes, general bodily injury, general injury (type 1) [Special Convicts] mitigation elements: The area of mitigation of punishment [the scope of recommending punishment], the area of mitigation of punishment [the area of mitigation of punishment], two months to one year;
(b) Concurrent crimes: Crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (decision of types), violent crimes;