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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 3, 2018, around 00:40 on February 3, 2018, the Defendant used the victim D (54 tax) on the front line of the Yangcheon-gu Seoul Metropolitan Government, a taxi driver, who was on the her hand, was under the influence of alcohol and was in the face of the victim without any particular reason, and committed an assault to the victim, such as assaulting the victim about the face of the victim, taking advantage of drinking alcohol, and taking the face of the victim, thereby causing injury to the victim, such as the 14-day opporte and damage on the bones of the right side.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes concerning damaged side photographs and closure 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be the basic area of the fourth type (the scope of the recommended area of recommendation and the scope of the recommended punishment for assaulting a driver], one year and six months to three years.

3. According to the sentencing decisions, the following circumstances are taken into account, taking into account the Defendant’s age, sex, environment, motive, means and consequence of the crime, various sentencing conditions shown in the present case’s records and arguments, such as the circumstances after the crime, and the scope of recommended sentencing guidelines of the Supreme Court sentencing committee, the sentence as ordered shall be determined by taking into account the following factors.

Unfavorable circumstances: The Defendant was killed in the chief of the taxi operated by a person who was under the influence of alcohol and caused injury to the victim who was entering an expressway in order to go to the destination.

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