A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On April 8, 2013, when the defendant was driving a D taxi driven by the victim C (manam and 53 years of age) on April 21, 2013, and passed a road near Jongno-gu Seoul Metropolitan Government North Changdong, the defendant left the face of the victim who is driving on two occasions on the ground that the victim could not know about his/her happiness well, and left the right side where he/she needs to receive approximately two weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C 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. Mitigation of discretionary mitigations 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 (hereinafter referred to as "the grounds for sentencing"), which are advantageous to the reasons for suspended sentence;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Sentencing guidelines for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of Punishment) (Determination of Punishment) and violence:

(b) Scope of modified recommendation: One and half years of imprisonment with prison labor for a year and six months to two years (the lowest limit of the sentence range recommended to the sentencing criteria is riceed below the lowest limit of the applicable sentences); and

(c) the criteria for probation [major reasons for probation] positive - minor injury, non-conformity with punishment (general reasons for writing ) - positive cases where the driver of a motor vehicle in operation is a victim - there is no contingent crimes, serious reflector, or criminal records of not less than a stay of execution;

3. The crime of this case by which the defendant was on board.