A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 13, 2018, the Defendant was on board the back seat of the victim C (V, South, and 65 years old) driving on October 13, 2018, and the Defendant was under the influence of alcohol until the said cab reaches the road 495, Tri-U, Mu-U, 205 front of the 205 Haak-gu, Changwon-si, Changwon-si, the Defendant was under the influence of alcohol.

In light of the principle of mixing, “A victim’s neck while driving the said taxi without any justifiable reason, he saw the victim’s face by drinking, thereby causing injury to the number of days of treatment, such as the victim’s back timber and left part of the taxi, and the victim’s shouldered.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes to a criminal investigation report (where a crime is committed, a CD and an abstract photograph, accompanying a photograph), a criminal investigation report (inform of a diagnosis);

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. 보호 관찰 및 수강명령, 사회봉사명령 형법 제 62조의 2 양형의 이유 ◈ 법률상 처단형의 범위: 징역 1년 6월 ~ 25년 ◈ 양형기준상 권고 형의 범위 [ 유형의 결정] 폭력범죄 > 폭행범죄 > 제 4 유형( 운전자 폭행 치상) [ 특별 양형 인자] 감경요소( 경 미한 상해, 처벌 불원) [ 권고 영역 및 권고 형의 범위] 감경영역, 징역 10월 ~ 2년 [ 수정된 권고 형의 범위] 징역 1년 6월 ~ 2년( 양형기준에서 권고하는 형량 범위의 하한이 법률상 처단형의 하한보다 낮으므로, 법률상 처단형의 하한을 따름) ◈ 선고형의 결정 ◎ 불리한 정상 - 피고인은 운행 중인 택시에서 운전자인 피해자의 목을 조르는 등...