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

At around 17:40 on December 23, 2013, the Defendant was under the influence of alcohol in the vicinity of the Bupyeong-gu Incheon Bupyeong-gu Bupyeong-gu, Incheon, and was driven by the victim D (52 years of age) in a taxi for business use, and thereafter came to the “Yansan-dong tunnel” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, when the victim’s back water and face turn back to the front floor of the victim, and the victim tried to stop the taxi on the front side of the “G” located in the same F and reported it as a mobile phone, the Defendant continued to stop the taxi on the front side of the “G” in the same F, and again took back the victim’s face, side, etc. with drinking.

As a result, the defendant abused the driver of a vehicle in operation, and suffered a diversity typology that requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report by the prosecution (specific place of the crime and attaching related guidance);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on recording;

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 the sentencing under Article 62(1) of the Criminal Act (amended by Act No.62(1) of the suspended sentence (amended by Presidential Decree No.62(1)) of the Criminal Act (amended by Presidential Decree No.62(1) of the same Act) [the scope of sentence] imprisonment 1 year and 6 months to 15 years [decision of a sentence] violent crime group, assault crime, fourth category [Special Assault or Injury to Drivers] mitigation element: [the scope of recommendation] mitigation range, 10 months to 2 years [whether or not a suspended sentence] of imprisonment - There are no criminal records, - lack of punishment - lack of punishment - positive general participation reason - contingency, serious reflective behavior - negative general participation reason: Where a driver of a vehicle in operation is a victim [decision of sentence], imprisonment 1 year and 6 months, and suspended sentence 2 years, the driver of a vehicle in operation is considered to have inflicted an injury by assaulting the defendant's taxi engineer in operation.