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 two years from the date this judgment became final and conclusive.

Punishment of the crime

After drinking alcohol, the Defendant got the victim E (the age of 44) who is an agent of the Defendant to return home from D located in Gangnam-si C to the office of the Defendant located in Gangnam-si, and had the Defendant drive the F passenger vehicle owned by the Defendant.

피고인은 2015. 3. 13. 22:08경 피해자가 운전하는 위 승용 차량의 뒷좌석에 앉아 있다가 강릉시 주문진읍 교항리에 있는 주문진 진입로 입구 7번 국도 부근에서 술에 취하여 발로 피해자의 뒤통수를 1회, 우측 어깨부위를 4회 걷어찼다.

As a result, the Defendant caused the injury to the victim, such as brain-dead sugar, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (E);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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

2. Application of the sentencing guidelines [Determination of types] - Types 4 (Bodily Injury by Drivers) - Reduction element: In the mitigated area of punishment [Determination of the recommended area] [Scope of the mitigated punishment] / imprisonment for 10 months to 2 years / [Scope of the corrected sentencing] imprisonment for one year and six months to 6 years (one year and six months since the lowest limit of the applicable sentencing in the law is one year and six months] / Suspension of execution] Main reasons for major participation [Determination of the sentence] - lack of punishment - General participation reason: Where the driver of a motor vehicle in operation is a victim.

3. Determination of sentence: (a) all the sentencing factors indicated in the records and arguments, including the background of the instant crime, the Defendant’s age, character and conduct, and criminal records; (b) in particular, the Defendant compensates the victim for damages; and (c) the Defendant has agreed with the victim.