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

On December 30, 2014, the Defendant: (a) 22:55 on December 30, 2014, the Defendant: (b) intending to smoke in a taxi in front of a restaurant run by the victim D while staying home; (c) however, the Defendant assaulted the driver of a motor vehicle driving on the part of the victim, i.e., “the basic strings, rings, rings, etc., inside the strings; and (d) 2:5 on the front of a restaurant operated by the victim D, on the ground that the victim was prevented from stopping it.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Article 62 (1) of the Criminal Act;

1. Where the reason for sentencing in Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] is the basic area (two months to ten months), the basic area (including special mitigation), the punishment is not applied (including serious efforts to recover damage), or considerable partial damage is restored (one type) / Where the driver of a motor vehicle in operation commits an assault against the driver (one type) / The decision of sentencing is highly dangerous as it may cause an additional accident such as a traffic accident, etc., and the defendant has a history of having been punished several times due to violence, etc.

However, considering favorable circumstances, such as the fact that the defendant is against his/her mistake, the fact that the defendant has agreed smoothly with the victim, and the fact that the degree of damage is not much serious, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, character, conduct and environment.