On May 24, 2014, at around 00:20 on May 24, 2014, the Defendant: (a) taken the victim’s G taxi in front of the Hyundai Apartment (39 years of age) in front of the Macheon-si, Kimcheon-si, Kimcheon-si; (b) moved to the Seocheon-si, Kimcheon-si, Kimcheon-si, Kimcheon-si, and again proceeded to the Kimcheon-si, Kimcheon-si, Kimcheon-si, Kimcheon-si, Kimcheon-si; (c) was under the influence of alcohol and was under the influence of alcohol, and was under the influence of alcohol, and was under the influence of alcohol, the Defendant was under the influence of alcohol to the victim on a one-time basis, resulting in the victim’s injury, such as an open drinking room, which requires approximately one week medical treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to each investigation report (a photograph of the victim's upper part of his/her body and diagnosis report);

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes Act”) concerning the crime;

1. Determination on the assertion of the defendant and his defense counsel in light of the favorable circumstances in sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following grounds for sentencing)

1. The defendant and his defense counsel asserted that since the defendant assaults the victim while the defendant stops, the victim does not correspond to the driver of the motor vehicle that is "in operation" as provided in Article 5-10 of the Specific Crimes Aggravated Punishment Act, and ② Article 5-10 (2) of the Specific Crimes Aggravated Punishment Act applies only to cases where the defendant inflicts injury on other persons than the driver, so long as the defendant inflicts injury on the victim, it does not fall under Article 5-10 (2) of the Specific Crimes Aggravated Punishment Act

The crime of assault or assault against a driver under Article 5-10 (1) and (2) of the Specific Crimes Aggravated Punishment Act is committed against the driver of the vehicle in operation.