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 August 15, 2020, at around 20:50, the Defendant was in front of the C Pharmacy located in the Namdong-gu Incheon Metropolitan City, the Defendant was under the influence of alcohol, and the Defendant got off the lane, and accordingly, the victim E (ma, 63 years old) who is a D bus driver was under the influence of alcohol was forced to rapidly stop the bus, resulting in dispute with the victim.

Since then, the Defendant opened a front door of the bus and opened it clear to the date of the relevant accident", and took a bus after gathering a mountain of the victim who was in possession of the victim with sound, and suffered approximately four weeks of pre-discharges in need of treatment from the victim due to driving seat, by making it possible for the victim to take care of the face of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to photographs of damage, investigation reports (verification of bus booms images), and death diagnosis reports;

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 recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [Article 4] violent crimes: No person who causes violence against a driver [Article 4], the basic area (the scope of recommendation area and recommendation range], the basic area of recommendation [the scope of recommendation area and recommendation range], and one year and six months to three years.

3. The sentence shall be determined as ordered in consideration of the following circumstances and the various sentencing conditions under Article 51 of the Criminal Act:

The crime of this case is a serious injury to the life, body, or property of a third party due to the occurrence of a traffic accident by assaulting the driver of the bus operated by the defendant.