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 three years from the date this judgment becomes final and conclusive.

Criminal facts

On March 18, 2016, the Defendant assaulted the victim on the ground that the victim C(41 tax) who was a taxi engineer of the taxi that was operating the taxi in front of the long distance in the city of no more than 62 from the Nam-gu in Busan, and was seated in the back of the taxi, and caused the injury of the victim on the part of the victim who was driving a drinking on three occasions due to the reason that the victim's abnormal route is between the road and the back of the taxi, etc., which requires approximately one week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime (fence), a written diagnosis of an injury (C), and a report on investigation (to hear statements from victims

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. 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. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to violence, assault, driver's injury (type 4) (the person subject to special sentencing] minor injury and punishment (the scope of the recommended punishment] from May to two years (the scope of the corrected recommended punishment] from May to June (the scope of the corrected recommended punishment] from one year and six months to two years (the lowest limit of the applicable punishment in law).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case committed by assaulting the driver of a motor vehicle in a condition unfavorable to social service hours and causing injury to the driver of a motor vehicle, which constitutes a crime of this case that may cause a traffic accident, and thus, may cause a physical danger to the third party, the liability for the crime of this case is not weak;

In particular, even though the defendant had a record of criminal punishment for violent crimes during several times of the transfer of this case, he again committed violent crimes.

This is an unfavorable condition.