A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 31, 2017, at around 15:35, the Defendant: (a) committed assault against the driver of a vehicle in operation at one time when the victim D (58) was on board a cab for business use in front of the c cafeteria located in Sungnam-si, Sungnam-si, the Sinnam-si, and was in operation as a customer, in the vicinity of the fest high-priced road located in the city in the mountain in the middle-gu, Seonam-gu, the Gyeonggi-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing crime video and photographic acts;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Punishment, etc. of Specific Crimes, and Selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. [Determination of type] Crimes of violence;

b. [Special Sentencing Sentencing] - Where the degree of violence is insignificant (type 1, 6, 7) - Where the driver of a motor vehicle in operation is assaulted (type 1).

3. [Determination of the territory of recommendation] Basic Field (Scope of the recommended sentence] from February to October

4. [Whether or not a stay of execution] Main Reasons: positive - General Reasons for cases where the attitude of crime is insignificant: negative - General reasons for which no effort is made to recover damage: positive contingent crimes - no longer criminal records of stay of execution or more.

5. [Determination of Sentence] The above elements of sentencing and the defendant’s age, sex, family relation, family environment, motive and means of committing a crime, and circumstances of sentencing indicated in the records of this case, shall be determined in full view of the sentence like the order.

Unfavorable circumstances: Violence against taxi drivers in operation is not only a personal harm to drivers, but also a crime threatening public safety on the road, and the defendant has committed the assault of this case again even though he/she was punished several times as violent crimes.