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 August 15, 2012, around 23:15, the Defendant got in front of Seongbuk-gu Seoul Metropolitan Government, the Defendant: (a) was driving the victim D (the age of 45) in the E-business taxi; (b) the victim, who is the driver of a motor vehicle in sudden operation in the E-business taxi; and (c) the victim’s face and part of the victim 4 to 5 times as drinking, suffered bodily injury, such as two sides, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to an injury diagnosis certificate and an investigation report (to hear a victim's telephone statement);

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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing criteria [decision of types] violent crimes, assault crimes, and Type 4 (Special Mitigation Measures) (Bodily Injury by Drivers) no penalty (Scope of a sentence for recommendation]: Imprisonment with prison labor for not less than 10 months from 10 months to 2 years (general sentencing factors);

3. Determination of sentence: A sentence of imprisonment with prison labor for one year and six months, and two years under the suspended execution, under the circumstances unfavorable to the defendant, such as the fact that the defendant has a record of fines twice for the same kind of crime, the fact that the defendant repents and reflects his mistake, and the fact that the victim does not want the punishment against the defendant by mutual consent with the victim, shall be taken into consideration under the favorable circumstances, and the punishment shall be determined within the scope of the applicable sentences, taking into account all the sentencing factors shown in the arguments in this case.