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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 26, 2015, around 01:31, the Defendant was boarding a F taxi of the victim E (65 years old) in front of the D hotel located in the Busan Eastdong-gu, Busan Metropolitan City, and, under the influence of alcohol, the Defendant was under the influence of alcohol while driving a taxi to a place other than a part of the victim's destination and attempted to receive a charge, while driving the taxi in front of the Busan Dong-gu, Busan. On the other hand, the Defendant carried the victim's breast at one time, resulting in a string of a chest-gu wall that requires treatment for about 14 days for the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate and investigation report (No. 3 of the evidence list) No. 3
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;
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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):
1. Scope of applicable sentences: Imprisonment with prison labor for a year and six months from June to June 22;
2. Scope of recommending punishment: The lower limit of the punishment for one year and six months recommended by imprisonment is lower than the lower limit of the applicable sentencing range in law, and the lower limit of the punishment shall be the lower limit of the applicable sentencing range in law.
In the area of mitigation (from October to two years) (in the area of mitigation) for a driver's bodily injury (the type No. 4), a person who is not subject to special mitigation)
3. The defendant's act of inflicting an injury on a driver in operation, resulting in a large accident and resulting in substantial risk of causing physical damage to many and unspecified persons, shall not be subject to any minor liability.
However, it is somewhat contingent that the defendant committed the crime of this case and the degree of injury is not much serious. Since then, the victim does not want the punishment of the defendant by mutual agreement with the victim, and the defendant is in depth, and there is no particular criminal history for the defendant.