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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 9, 2016, around 00:42, the Defendant: (a) was able to return home in Dongdaemun-gu Seoul Metropolitan Government, the Defendant: (b) was on board a cab for business use belonging to the Dap Transport with the victim C (66) and was on board as a passenger; and (c) was on board the victim’s right of way from the intersection to the vicinity of the Samsung Apartment-gu, Dong-gu, Dong-gu, 85-ro, 85-ro, 63, the Defendant was on board the back head of the victim’s right of way in front of the Samsung Apartment-gu, Seoul; and (d) was on the front side of the Samsung Apartment-gu, the Defendant was on the back head of the victim’s right of way in front of the Samsung apartment.

In this case, the victim was injured by assault, such as flabing a dubb, flabing the victim's face by drinking flab, making the victim's face flab, etc., which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the favorable circumstances among the reasons for sentencing)

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

2. Application of the sentencing criteria [the scope of the recommended punishment] No. 4 types of assault crimes (the scope of the recommended punishment) and the area of special mitigation (the period from May to two years) [the person subject to special mitigation]], the scope of the minor injury (the number of persons subject to special mitigation) and the scope of the revised sentence that is not subject to punishment: One year and six months to two years (the lowest limit of the recommended punishment is lower than the statutory minimum limit of the applicable punishment, and the lower limit of the applicable punishment is observed by law).

3. Determination of sentence: The crime of this case committed by assaulting the driver of a motor vehicle who is under the suspension of the execution of one year and six months, or two years shall be committed, which shall cause a traffic accident and thereby inflict a serious loss on the life, body, or property of a third party, and the nature of such crime is bad and the liability of such crime is grave, and shall be disadvantageous to the defendant.