However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On March 28, 2017, around 21:45, the Defendant: (a) committed assault against the victim who was under driving on the back seat of the victim, without any reason, when he was under the influence of alcohol on the road at a point of 500 meters from the front-dong, Nam-gu, Busan at a speed of 21:45 meters, while he was driving a C business taxi operated by the victim B (62 years of age) at a location of 500 meters, while he was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to photographs of victims of crime scene, taxies driving, and victim photographs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing of orders to provide community service and attend lectures is that the instant case assaults a taxi engineer on driving, and the crime is very poor in light of the risk, and the Defendant has a record of criminal punishment several times due to the past violent crimes, etc., which are disadvantageous to the Defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's late opposite to the victim; the defendant's repayment of damages to the victim and the smooth agreement; the defendant's age, occupation, sex behavior, environment; motive, means and consequence of the crime; and the circumstances after the crime.