A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is the owner of the car and the victim D (n, 53 years old) who drives the car by proxy.

On October 16, 2017, from around 20:50 to around 21:10, the Defendant: (a) got a victim as an acting driver in the vicinity of the Daejeon Esing Center; and (b) was on the road near the Pyeongtaek-dong, Seo-gu, Daejeon, Daejeon while driving the said vehicle while driving the said vehicle, and the victim inflicted an injury on the victim, such as the victim’s face, hair, head, and neck, which were under the influence of alcohol, by drinking the victim’s own drinking while communicating with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (the details of major dialogue between suspects and victims by time zone);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

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

2. Scope of the recommended sentences according to the sentencing criteria;

(a) The scope of the recommended punishment shall be limited to four types (the injury caused by a driver's assault) in the mitigated area (from October to two years) (the person who has been specially mitigated).

(b) Scope of the revised sentencing: One year and six months from six months to two years from imprisonment (the lowest limit of the sentencing range recommended by the sentencing criteria is lower than the lower limit of the applicable sentencing range in law, and such lower limit shall be set at the lower limit of the applicable sentencing range in law);

3. The circumstances favorable to the Defendant include the fact that the Defendant recognized his criminal act, and the result of damage from the instant criminal act is not relatively much serious.

However, this case is a case where the defendant assaulted a substitute driver who is driving and suffered an injury in need of a two-day medical treatment.