A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

On July 23, 2020, the Defendant issued a summary order of KRW 7 million on July 23, 2020 to a fine of KRW 7 million due to a violation of the Road Traffic Act (driving in Drinking) at the Busan District Court Seo branch branch.

On October 30, 2020, the Defendant driven D's low-pollution car while under the influence of alcohol leveling 0.168% of blood alcohol level at approximately 1m sections of the front road of the apartment apartment C, Kimhae-si, Kim Jong-si, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

The defendant and the victim E (n, 26 years old) of 2020 order 4237 are between the annual persons.

피고인은 2020. 11. 30. 01:33 경 김해시 F 아파트 G 동과 H 동 사이 도로에서, 피해자와 말다툼을 하다 화가 나 피해자를 붙잡아 바닥에 내동댕이치고, 앉아 있던 피해자가 일어서자 손으로 피해자의 얼굴을 때려 재차 피해자를 넘어뜨린 다음 주저앉은 피해자의 얼굴을 발로 찼다.

계속하여 피고인은 피해자의 머리채를 잡아 피해자를 바닥에 잡아끌다 내동댕이쳤으며 넘어진 피해자의 얼굴을 발로 찼다.

In addition, in order to take the cellular phone of the victim, the victim was fluorted with the cell phone which the victim had been sponsed by his hand, and the victim was fluorted on the floor.

As a result, the defendant caused the victim's grandchildren, face, and knee-knee, and caused the victim's injury to which the number of days of treatment can not be known by being drafted.

Summary of Evidence

1. The defendant's statement in court (2020 order 3722);

1. A written statement;

1. The circumstantial statement report of the driver of a drinking driver, the report on the results of the crackdown on drinking driving, investigation report, criminal records, and other inquiries, and summary order "20 order 4237";

1. Statement made by the police against the victim;

1. Application of the Acts and subordinate statutes to report photographs and internal history;

1. Relevant legal provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of harm), Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.