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 September 23:45, 2019, the Defendant was on board the back seat of the victim B (73 years old) in the vicinity of the Yongsan Fire Fighting Station located in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, and brought the victim into the D apartment of the Sinyang-si, a destination, in the vicinity of the Yongsan Fire Fighting Station (73 years old), and was under the influence of alcohol and without any special reasons, the Defendant stated that “When he was under the influence of alcohol, he was under the influence of alcohol, he was under the influence of alcohol, he was under the influence of alcohol and she was under the influence of the victim’s walk four times with the victim’s hand, and he was under the influence of the victim’s eye on about two weeks, and was under the influence of the alcohol and damage to the character of the mouth that require approximately two weeks treatment to the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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 mitigation 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 (the grounds for sentencing that are advantageous to the following)

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

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's bodily injury [the person who is a special person] mitigated element of mitigation of punishment: Minor injury, non-won [the scope of the recommended area and the recommended punishment] special mitigation area, five months to two years [the scope of the recommended punishment corrected according to the applicable sentencing] imprisonment, one year and six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing range is applicable according to the law).

3. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence: Crimes of assault or assault against the driver of a motor vehicle in operation, which are committed against the driver in operation, shall be committed against the driver's life or body;