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A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On November 24, 2017, the Defendant was sentenced to a fine of three million won for a violation of road traffic law (drinking driving) in the Gwangju District Court's Support for Bapoon on November 24, 2017.
【Criminal Facts】
1. On February 3, 2020, the Defendant: (a) was a person who has a drinking alcohol driving power; (b) was driving CK5 cars under the influence of alcohol with approximately 0.065% alcohol concentration from a public parking lot of peace plaza, which was located in 20 in the original form at the time of a timbering around 01:20 on February 3, 2020 to the front road of the building B in Sinpo City.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.
2. On February 3, 2020, the Defendant was injured by assault and injury, and the victim E (in the case of women and children, 22 years old) who was injured by assault and assault in the building No. B at the time of Mapopoon on February 3, 2020.
In this sense, the victim's back-hand part of the victim's ear was faced by his son while taking the bath of the defect "years", and the victim suffered injury, and the victim committed assault by the above act, such as taking out a part above the floor and going on the body of the victim.
이로써 피고인은 피해자를 폭행하여 약 2 주간의 치료가 필요한 귓바퀴의 열린 상처 등의 상해를 입게 하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspects of E;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (applicable to suspect A's A's mark);
1. An investigation report (as a result of a vehicle number image analysis), internal investigation report (as a result of the vehicle number image analysis), CD - one CD, internal investigation report (as a result of CCTV image data for a suspected person A drinking), and one CD - one CD;
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation report (verification of suspect A drinking driving history);
1. Relevant legal provisions concerning criminal facts, Articles 148-2(1), 44(1) (in cases of driving alcohol) of the Criminal Act, Articles 262, 260(1), 257(1) (in cases of causing violence) of the Criminal Act, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.