Text
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around July 19, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) boarded the victim’s head on the street in front of the apartment apartment apartment B of Gangwon-gun, Gangwon-do, with the lower lower seat of DK5 si, and assaulted the victim’s head on a drinking ground without any justifiable reason during the period to reach the front seat of the same military E.
2. The Defendant illegally uses a motor vehicle by driving the said taxi in approximately one kilometer section of approximately 1 kilometer in order to avoid the Defendant’s assault in front of the F of the Crossing-gun of the above temporary border, and temporarily uses the motor vehicle of another person without the consent of the right holder.
3. The Defendant was under the influence of alcohol level of 0.276% at the above temporary border, and was driving DK5 si from the front side of the Gangwon-do Crossing to the front side of the said G. The Defendant was under the influence of alcohol level of the above temporary border.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes concerning investigation reports, reports on the circumstantial statements of a drinking driver, reports on detection of the surrounding driver, inquiry into the results of the control of drinking and criminal records;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act, Article 331-2 of the Criminal Act concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act (Article 62(1) of the suspended execution (Article 62(1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the result thereof, in light of the method and circumstances, there is no criminal record of the suspended execution or more, and all of the circumstances, such as the defendant's motive and circumstances leading up to the crime, the defendant's age, occupation, family relationship, health status, etc.).