A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2017 Highest 1626] Defendant 2017

4. Around 23:35, at around 15:23:35, the victim E (32 taxes) was assaulted at five times on the part of the victim’s face with the hand room, on the ground that the victim E (32 taxes) was sleeped with a slicker and slicked in the table, and slicked in the slick.

[2017 Highest 2942] On June 30, 2017, under the influence of alcohol level of 0.116% among blood transfusion around 17:19 on June 30, 2017, the Defendant driven F Kac Truck in a section of about 500 meters from the front of the apartment complex located in the Gongneungdong in Seoul Special Metropolitan City, Nowon-gu, to the front of the lower 55-gilro 88, the same Gu gate 2 Dong community service center.

Summary of Evidence

[2017 Highest 1626]

1. Partial statement of the defendant;

1. Each legal statement of witness E and witness G [2017 order 2942];

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) to commit a crime, Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol) to determine the penalty, and the choice of imprisonment for each sentence;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to three years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment shall be based only on the lowest limit of the sentencing range on the grounds that the sentencing criteria are not applicable to the crimes of violating the Road Traffic Act (driving of alcohol),] [the scope of the recommended punishment] the basic area (two months to ten months) of the crimes of violence (the person who is subject to special sentencing].

3. The crime of assault is denied and not against the law of traffic even though the victim was assaulted by the police in front of the decision-making regarding the sentence, and the crime of violation of road traffic law is committed while being tried as the crime of assault in this case, the record of punishment for the same crime is 12 times a fine and twice a suspended sentence of imprisonment.