A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

At around 21:30 on July 5, 2013, the Defendant, while under the influence of alcohol, had the ability to discern things or make decisions, had the victim D (S) who is a bus engineer in the C bus operating at a speed of 30 to 40 km from the time of the city with the distance of the community credit cooperatives located in 792-10, Nowon-gu, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City on July 5, 2013, called the victim D(S) who is a bus engineer at a speed of 30 to 40 km from time to time.

As a result, the defendant abused the victim who is the driver of a vehicle in operation and suffered injury such as an on-site care for about two weeks to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D, F and G;

1. Application of relevant Acts and subordinate statutes to photographs, opinions, injury diagnoses, and investigation reports (STV video CD content verification);

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 (1) and Article 55 (1) 3 of the Criminal Act (a person suffering from mental illness due to de facto mitigation);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for nine months to seven years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of types of punishment), group of violent crimes, group of crimes of Type IV (Bodily Aggravated Injury to Drivers) (Specially Aggravated Injury to Drivers): In the mitigated area of minor injuries and non-exclusive areas of punishment (the scope of recommending punishment): From five months to two years (special adjustment): Imprisonment with prison labor for up to two years (the scope of corrected recommended punishment), from September to two years (the lowest limit of the applicable punishment); and

3. The crime of this case in which the sentence of sentence is determined is the act of assaulting a driver who has driven a bus on which the defendant is aboard, and the act of violence against the driver is likely to cause serious damage to human life and property due to large traffic accidents.