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A defendant shall be punished by imprisonment for not less than eight 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. On June 13, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on the same day, and on April 6, 2009, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.
On October 3, 2015, at around 03:45, the Defendant driven a HM5 vehicle from the front of the land square in the Simongdong in Daegu Suwon-gu, to the front road of the astronomical Pak ginseng hospital emergency room in the same Dong, while under the influence of alcohol by 0.205% of alcohol concentration.
2. On the same day as the above Paragraph 1 above, the injured Defendant reported the victim I to the police of the Daegu Water Police Station in the 2460 Daegu Water Station and the traffic survey entrance of the traffic survey department on the ground that the victim I reported the above drinking driving of alcohol at the police station, which was in dispute before the Daegu Water Police Station in the 2460, on the ground that he reported the victim's above drinking operation. On the left side of the drinking water, the injured Defendant saw the victim to undergo approximately two-day medical treatment, and caused the victim's injury to the character of the mouth, and caused the victim's injury to the character of the mouth,
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. A written diagnosis of injury;
1. Report on detection of a host driver, and report on the status of a host driver;
1. Previous conviction: Application of a copy of summary order;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, Article 257 (1) of the Criminal Act and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., including orders to attend lectures or orders to provide community service;
1. The sentencing guidelines [the range of recommendations] general injury categories 1 (general injury) and the mitigation area (two to one year) (special mitigation persons) (special mitigation persons) shall be recovered from damage resulting from non-compensation.