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

However, 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

At around 02:02 on December 27, 2019, the Defendant was moving to a destination by the victim D (year 67) in Part C, which is located in Jongno-gu Seoul Metropolitan Government, on December 27, 2019. On the same day, around 02:50 on the same day, the Defendant thought that there was a lot of charges in front of the salary zone of the Seoul Jungdong Police Station located in 177 located in Jung-gu Seoul Metropolitan Government, and that it was caused by the victim, who is the driver of the vehicle in operation, by drinking and launchinging the victim by drinking and drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements prepared in D;

1. Filing a report, receipt, certificate of injury diagnosis, investigation report (the creation of a black stuff image and the attachment of images) and the application of Acts and subordinate statutes of photographs;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of types) [Type 4] used to commit violent crimes against a driver's bodily injury (special person). The mitigated elements of punishment (the scope of the recommended area and the recommended punishment): Reduction areas; the mitigated scope of punishment; the imprisonment from October to two years (the scope of the recommended punishment corrected according to the sentencing guidelines]; the imprisonment from June to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable to a case where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range); and therefore, the applicable sentencing range under the law shall prevail);

3. In addition, it is deemed that the type of the Defendant’s sentencing decision is not less severe than that of the victim, and the instant crime causes traffic accidents, etc., thereby causing damage to the life, body, etc. of the driver or pedestrians other than the victim.