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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. On December 9, 2012, around 22:30 on December 22:30, 2012, the Defendant: (a) driven his vehicle to the victim E (50 years of age) who is a substitute driver of the DNA restaurant located in Daegu-gun; (b) as a matter of time and rate with the victim, the victim’s rear part of the victim in his/her operation, and (c) the victim saw the victim’s face on his/her hand, and (d) caused the victim’s injury on his/her hand, such as chills and tensions, which require approximately two weeks of treatment.
2. The lower court found the Defendant’s face one time after the Defendant stopped the victim’s rear timber while driving a motor vehicle, and then returned to the victim’s face after stopping in the parking location of the motor vehicle, and found the Defendant to have suffered bodily injury, such as the victim’s hump in the process. Inasmuch as it seems difficult to view that the Defendant’s face was punished after stopping the motor vehicle in which the victim was driving, and that there was a risk of undermining public traffic safety and order, the lower court determined that it cannot be deemed an assault during driving, and that it cannot be deemed an assault during driving, and whether the injury suffered was caused by the humf on the back side of the clothes that the victim suffered while driving a motor vehicle, or that it is unclear whether the victim was caused by assault by the victim after stopping the operation, and thus, there is insufficient evidence to acknowledge that the Defendant committed assault and injury to the driver of the motor vehicle and caused the injury as stated in the facts charged in the instant case, and that the Defendant’s face was not guilty as to the Defendant’s injury under Article 5-10(2) of the Aggravated Punishment Act.
3. Summary of grounds for appeal;
A. The driver completely stops the vehicle on the road immediately adjacent to the point of initial assault because the victim was assaulted by the defendant while driving.