A defendant shall be punished by imprisonment for not less than eight 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 November 10, 2014, at the time of Sinjin-si, the Defendant was on November 21, 2014, when the victim B (the age of 42) who is a substitute driver on the national highway No. 32 of Sinsi-ri, was on board the back seat of the Ctor car which was driven by a substitute driver on the national highway No. 32 of Sinsi-ri, and was on one occasion on the face of the victim without any special reason.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of statement B;

1. Application of the Acts and subordinate statutes to the victim B of violence;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. The defendant asserts that the defendant's argument regarding Article 62-2 of the Social Service Order Criminal Act was in an insane or mental and physical state at the time of the instant case.

According to the records, although the defendant could be recognized that he was drinking at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the means and method of the crime, and the defendant's speech and behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case

or weak conditions may not be deemed to have existed.

The reason for sentencing [Scope of Recommendation] The basic area (including two to ten months) of the Act on the Punishment of Violence (Special Violence) (a person who is subject to special mitigation)] the case where the driver of a motor vehicle in operation has been injured (including a serious effort to recover damage) or has been restored to a considerable part of damage / (a decision of sentence 1) the case where the defendant assaults the victim who is a substitute driver without any particular reason, thereby causing danger to the safety of all passengers including himself/herself, and the fact that the defendant has been punished several times including a crime related to violence, and that the defendant has a previous offense related to violence, which is disadvantageous to the defendant, and the defendant is contingent.