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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 16:50 on June 20, 2015, the Defendant violated the Road Traffic Act (divated driving) driving a DNA car with alcohol concentration of 0.1% under the influence of alcohol during blood, and proceeded with approximately 150 meters from the Incheon Gyeyang-gu apartment parking lot to the underground parking lot of the above apartment.
2. On June 20, 2015, the Defendant injured by assault: (a) after drinking alcohol at “G” restaurant located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, with the victim H (60 taxes); and (b) during driving the victim’s apartment, the Defendant was able to cause a traffic accident by driving while under the influence of alcohol concentration of 0.256%; and (c) the Defendant was able to cause a traffic accident while under the influence of alcohol to the victim.
In this regard, the defendant argued that he had a drinking face from the injured party twice.
Since then, Defendant 1 had the victim get off other vehicles while parked in the above apartment parking lot, and had the victim get off the vehicle of the victim as provided in Paragraph 1.
On June 20, 2015, the Defendant around 16:55 on June 20, 2015, at the underground parking lot of the above apartment building, the Defendant: (a) taken the victim’s face one time by leaving the fact suitable for the damaged person; (b) laid down the victim’s face over the floor; and (c) caused the victim to shock the head on the floor.
As above, Defendant assaulted the victim and caused the victim to suffer injury to the victim, such as an exposure to the external organ so that it is necessary to treat the victim for about eight weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to I and J;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation reports (Investigation of CCTVs in parking lots) and investigation reports (Investigation of CCTVs in G parking lots);
1. A written appraisal of alcohol during blood;
1. A medical certificate of injury, a medical certificate, a detailed statement of treatment, and a place of emergency medical services activities;
1. Application of Acts and subordinate statutes to photographs of victims;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Traffic Act concerning facts constituting an offense, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act (the point of drinking);