A defendant shall be punished by imprisonment for one year.

Punishment of the crime

Under the influence of alcohol, the Defendant: (a) took a breath as a customer of a soil scar (D) for business use driven by the victim C (hereinafter “C”) around 16:40 on February 22, 2013; (b) took a breath around the scar in the Seo-gu Scattering-dong; and (c) took a breath as the victim of the said breath while getting on and off the said string the said string; (d) took the victim’s face while drinking the said breath on two occasions; and (e) assaulting the victim’s face while driving the said string at around 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Imprisonment with prison labor for not less than nine months but not more than seven years and not more than six months;

2. Scope of recommendation [decision of types] on the sentencing guidelines, violence, assault (special mitigation] by a driver of Type 4, minor bodily injury [decision of the recommended area] mitigated area [general mitigation] by a person with mental disability (general mitigation), by a person with mental disability] (the scope of recommendation punishment] by imprisonment with labor for not less than 10 months but not more than 2 years;

3. The circumstances favorable to the Defendant are the following: (a) the Defendant’s decision-making process for committing the instant crime, which reflects his mistake; (b) appears to have committed the instant crime by contingently; (c) the disabled in class 5; and (d) the degree of injury to the victim is relatively minor.

However, the assault against the driver of a motor vehicle in operation is a dangerous act that may cause damage to many and unspecified persons by causing a traffic accident, and the defendant commits the crime of this case despite the fact that the defendant committed the crime of this case even during the period of suspension of execution.