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A defendant shall be punished by imprisonment for not less than one year and six months.
except that 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 December 8, 2013, at around 18:30, the Defendant was drunk on the roads of Samsung Medical Center located in the Gangnam-gu Seoul Metropolitan Government, Samsungwon, and was under the influence of alcohol on the roads of the funeral hall of Samsung Medical Center, which was operated by the victim C, and entered the direction of the government of the line of the Jung-gu, Seoul, Jung-gu, Seoul, the destination of which is the network rain, and came to the inner cycle, and came to a quarterly in the inner cycle. “When ice ice back from ice, she takes the bath for the victim, she sees the victim, sees the back with the vision, sees the head by hand, sees the head, and damages the victim, such as salt, tension, etc. requiring the treatment of approximately 21 days.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A photo of the damaged part;
1. Application of Acts and subordinate statutes to investigation reports (as to submission of a written diagnosis of injury to a victim);
1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime
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. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as "the grounds for sentencing") are alleged to the effect that the defendant had a state of mental disorder under the influence of alcohol at the time of each crime in the judgment. Thus, according to each evidence of the judgment, the defendant's judgment is acknowledged as having a certain degree of alcohol at the time of the crime, but it cannot be deemed that the defendant lacks the ability to discern things or make decisions due to drinking. Thus, the above argument is rejected.
The driver's injury (the type No. 4) shall be caused by violence committed by two times (the decision of type).