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

While under the influence of alcohol, the Defendant, around August 11, 2013, got in C-si operated by the victim B (the age of 48) before the upper wing Terminal located in Jung-gu Seoul Metropolitan Government, and said C-si to be “D apartment.”

When the victim was in front of the D apartment, which is a destination, and was drunk, the defendant was sleeped by the defendant, who was slicking, and the victim was blicked on one occasion at the right hand of the victim who is driving a taxi with left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on the receipt of taxi charges;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Selection of Penalties for Crimes.

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. As to the assertion of the Defendant and the defense counsel, the Defendant and the defense counsel asserted that the Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant crime. Thus, according to the evidence as seen above, the Defendant was found to have been in a state of mental disorder under the influence of alcohol at the time of the instant crime. However, the Defendant did not have the ability to discern things or make decisions. Accordingly, the above assertion is rejected.