However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

After drinking alcohol, the Defendant got the victim E (the age of 44) who is an agent of the Defendant to return home from D located in Gangnam-si C to the office of the Defendant located in Gangnam-si, and had the Defendant drive the F passenger vehicle owned by the Defendant.

피고인은 2015. 3. 13. 22:08경 피해자가 운전하는 위 승용 차량의 뒷좌석에 앉아 있다가 강릉시 주문진읍 교항리에 있는 주문진 진입로 입구 7번 국도 부근에서 술에 취하여 발로 피해자의 뒤통수를 1회, 우측 어깨부위를 4회 걷어찼다.

As a result, the Defendant caused the injury to the victim, such as brain-dead sugar, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (E);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Application of the sentencing guidelines [Determination of types] - Types 4 (Bodily Injury by Drivers) - Reduction element: In the mitigated area of punishment [Determination of the recommended area] [Scope of the mitigated punishment] / imprisonment for 10 months to 2 years / [Scope of the corrected sentencing] imprisonment for one year and six months to 6 years (one year and six months since the lowest limit of the applicable sentencing in the law is one year and six months] / Suspension of execution] Main reasons for major participation [Determination of the sentence] - lack of punishment - General participation reason: Where the driver of a motor vehicle in operation is a victim.

3. Determination of sentence: (a) all the sentencing factors indicated in the records and arguments, including the background of the instant crime, the Defendant’s age, character and conduct, and criminal records; (b) in particular, the Defendant compensates the victim for damages; and (c) the Defendant has agreed with the victim.