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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On March 26, 2019, at around 09:10 on March 26, 2019, the Defendant was driving at the front convenience store located in the Yannam-gun B, and was driving at the E-si, the destination of the victim D (56 years old) and was driving at the south of the Yanan-gun, the destination of the victim at one time without any justifiable reason.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to report the occurrence of crimes and report on internal investigation (the details of telephone conversations between the accused and the victim);
1. Reasons for sentencing of imprisonment with prison labor, pursuant to Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and for the selection of criminal punishment;
1. Scope of punishment by law: One to five years of imprisonment;
2. Aggravation factors of violence [Class 1] general violence [Special Aggravation] mitigation factors: Where the degree of violence is minor (type 1, 6, and 7): Where the driver of a motor vehicle in operation (type 1), the basic area of the recommendation area and the scope of recommendation], and February through October.
3. Determination of sentence: 8 months of imprisonment (including the fact that an assault against a driver in operation is caused by a traffic accident and thus is likely to cause unexpected damages to many and unspecified persons, a strict punishment should be imposed, a majority of violent crime records of the defendant, a defendant intentionally delays or evades investigation and trial procedures on the ground that he/she resides in the island, and all the conditions of sentencing specified in the arguments and arguments, including the age, character and conduct, family relationship, etc. of the defendant and all the conditions