A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

On May 6, 2019, at around 19:07, the Defendant boarded the victim B (the 64-year-old) driver’s license on the road located in Yanju-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, and used the victim’s hand, who was in his racing as a D apartment at the time of the racing, and used the victim’s left face one time with the left hand without any particular reason.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statements made by witnesses B in the fourth trial records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: One month to five years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the ordinary assault [Class 1] - The mitigated elements: In cases of assaulting a driver of a motor vehicle in operation (type 1): The basic area of recommendation and recommendation range], the basic area of imprisonment 2 months to 10 months [no general person] [no reason for suspension of execution of sentence] - The general reason for suspension of execution of sentence - No reason for suspension of execution of sentence - The general reason for suspension of execution of sentence - there is no criminal offense for suspension of execution of sentence or more - the general reason for suspension of execution of sentence : Where the driver of a motor vehicle in operation is the victim;

3. The above sentencing factors, together with the above sentencing factors, include the fact that there are a large number of criminal records for the accused, and in particular, the accused has been sentenced to a fine due to assault in 2017 and a fine due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2018.