Defendant shall be punished by imprisonment for a term of 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

On February 13, 2014, at around 22:30, the Defendant: (a) taken the front line of the victim E(57 years of age) driving on the front line of the F taxi located in Pyeongtaek-si G; (b) was in the road located in Pyeongtaek-si G; and (c) was under the influence of alcohol by assaulting the victim, who is a driver of a vehicle driving on one occasion without any particular reason, and was in need of approximately 4 weeks of treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of statement E prepared by the police officer;

1. A statement (including attachment of voice recording files) of a police investigation report (including attachment of voice recording files);

1. The Defendant and his defense counsel’s defense counsel on the assertion of the Defendant and his defense counsel in the medical certificate of injury as to H’s preparation of the instant crime. As such, the Defendant argued that the Defendant was in the state of mental disorder or mental and physical disability by making a statement that he had no memory at the time of the instant crime. According to the records, it is acknowledged that the Defendant had drinking prior to the instant crime. Meanwhile, in light of various circumstances, such as the background, means and methods of the instant crime, the Defendant’s act before and after the instant crime, the Defendant’s act at the investigative agency, while the Defendant did not memory the core part of the instant crime while the other matters were stated in the investigative agency, there was no ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Since it does not seem that there was or was a weak state, the defendant's above assertion cannot be accepted.

Application of Statutes

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 of the suspended execution is as follows.