Defendant shall be punished by imprisonment for a term of one year and six months.

except that the execution of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Criminal facts

On March 13, 2018, at around 20:0, the Defendant, after drinking alcohol at the Gangnam-gu Seoul Metropolitan Government Seo-dong, assaulted the victim's shoulder and part of the neck while getting on the back seat and getting on the back seat, with about 10 times the victim's shoulder and part of the neck while driving around the back seat, and inflicted an injury on the victim, such as a shoulder and sprink for treatment among about 3 weeks, by assaulting the victim about about 10 times the shoulder and part of the neck.

Accordingly, the defendant abused the driver of a vehicle in operation and inflicted an injury on him.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. An investigation report (the submission of a medical certificate and black stuff image, the submission of an oriental medical doctor's opinion, the analysis and reporting of booms inside a taxi, and the hearing of statements by victims);

1. Application of Acts and subordinate statutes of a medical certificate of injury and a copy of a medical record, a black stuff photographic image, an USB of a black stuff, a opinion, and a copy of a medical record (E Councilor);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - When the sentencing guidelines established by the Supreme Court Sentencing Committee are applied to the type of the instant crime and sentencing factors, the scope of the sentence recommended shall be from 10 months to 2 years, which is the mitigated area (the recovery of considerable damage and the agreement with the victim), and the following circumstances shall be considered to determine the sentence as ordered. The instant crime is committed by the Defendant, who is the passenger, in the taxi where the road is underway, by assaulting the driver without any reason. This is not only an act infringing on the driver’s body, but also an act threateninging the safety of other vehicles, etc., and may lead to a large traffic accident. On the other hand, the Defendant is likely to be subject to criticism against the Defendant.