A defendant shall be punished by imprisonment for not less than one year and six 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 January 16, 2014, around 01:40, the Defendant boarded the back seat of the E-cab operated by the victim D (the age of 44) in front of the Daejeon Jung-gu C apartment complex, Daejeon, Daejeon, and passed through the front direction of the gas station in the same Dong-dong, and the Defendant did a dispute with the Defendant on the ground that the victim took a walk with the driver's seat and went against the Defendant. On the other hand, the Defendant saw the victim's head who was driving on drinking, and dives the victim's shoulder part, which requires approximately three weeks of medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria [Determination of types] used to commit violent crimes: Type 4 (Bodily Injury by Drivers) [Special Mitigation Persons] and not subject to punishment [the scope of recommending area, the scope of recommending punishment] mitigated area, October-2 years from imprisonment (Provided, That the lower limit of the sentencing range recommended by the sentencing criteria is lower than the lower limit of the statutory applicable sentencing range, and therefore the lower limit of the statutory applicable sentencing range shall prevail); and

3. Determination of sentence: One year and six months of imprisonment, two years of suspended sentence, and 40 hours of order to attend the course are crimes of this case committed by assaulting the driver of a vehicle in operation and causing danger to traffic, such as causing additional accidents, in addition to the possibility of criticism on the crime itself, the nature of the crime is more serious, and the defendant has been sentenced to a fine twice due to violent crimes.