A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On December 2, 2019, at around 19:17, the Defendant, within C-si operated by the victim B(73 years of age) on the roads near C-si, Jeju-do, 2019, expressed the victim’s desire on several occasions under the influence of alcohol, and the Defendant, as the earth, made the victim flick the shoulder of the victim who is in operation on the horse, flick the face of the victim, and made the victim flick the part of the victim’s flicking.

Accordingly, the defendant abused the driver of a vehicle in operation and suffered a crypary injury requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Blucs and video data CDs;

1. Application of Acts and subordinate statutes of the general medical certificate;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [Article 4] violent crimes: No person who causes violence against a driver [Article 4], the basic area (the scope of recommendation area and recommendation range], the basic area of recommendation [the scope of recommendation area and recommendation range], and one year and six months to three years.

3. Determination of sentence: Imprisonment with prison labor and the age, character and conduct, environment, family relationship, motive, means and result of a crime, circumstances after a crime, etc. shall be determined as the same as the order, comprehensively taking into account the following circumstances:

The favorable circumstances: The defendant recognizes and reflects the crime of this case.

There shall be no history of punishment for the accused.

The degree of injury suffered by the victim is not very important.

An unfavorable circumstance: A crime of assaulting the driver of a vehicle in operation and causing injury is a very dangerous crime that may cause serious damage to the life and body of a third party as well as the driver and passenger by causing a traffic accident.

The defendant is punished as a crime related to violence.