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

On July 11, 2014, around 22:10, the Defendant: (a) boarded the victim E (50 years of age) into the back seat of the Fstynael taxi in operation of the victim E (50) on the street before the main point of “D” located in Scheon-si; and (b) caused the victim, upon the Defendant’s house, who was operating the said taxi, by the Defendant’s house, was able to smoke, on the ground that the victim said that the said cab was “Singing-si”, he said that the victim said that he was “Sing-si, Sing-si,” and carried the victim’s left snow part one time due to drinking, and led the victim to approximately two weeks of the right side, the f

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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 as to the crime

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type), violent crimes, assault crimes, Type 4 (Bodily Injury by Drivers) (Special Assault or Injury by Drivers): Reduction element: Reduction area of punishment [the scope of recommendation], reduction area of punishment [the scope of punishment], ten months to two years [the scope of corrected recommendation], imprisonment from 10 months and six months to 2 years (the lowest limit of punishment by law).

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, are the Defendant’s act of inflicting an injury on the victim, who is the driver of a vehicle in operation, and the crime in this case constitutes a very dangerous act that may cause a traffic accident beyond infringement on the victim’s individual rights and thus, may cause damage to many and unspecified persons. In light of the fact that the crime in this case is not somewhat dangerous, a strict punishment against the Defendant is required

Provided, That this shall not apply to the defendant who is under the influence of alcohol.