A defendant shall be punished by imprisonment 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.

Punishment of the crime

On March 22, 2015, at around 00:39, the Defendant: (a) driven by the victim C (year 44) who is driving a new road in front of the “New-gu Public Security Center,” located at the Seo-gu Incheon Family, Seo-gu, Incheon, at the time of the back of the victim’s hand floor without any justifiable reason.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 62-2 of the Probation Criminal Act alleged that the defendant was under influence of alcohol and caused the crime of this case in a state of mental disorder. However, considering the circumstances and results of this case, considering all circumstances such as the defendant's behavior before and after the crime and the circumstances after the crime, it cannot be seen that the defendant had a weak ability to discern things or make decisions. Thus, the above

Reasons for sentencing

1. Reduction elements of types 1 (general assaulters): Reduction element of a crime by applying the sentencing criteria [decision of types] and violence: Where a driver of a motor vehicle in operation has been abused (type 1): February 1 to 10 months;

2. Determination of sentence: The act of assaulting the driver of a motor vehicle, the execution of which is one year in the suspension of execution of four months, is highly likely to lead to a traffic accident, and the defendant has several criminal records related to violence, and his/her criminal responsibility is heavy;

However, the defendant reflects the crime of this case, the content of assault is relatively minor, the fact that it appears to have caused the crime of this case by contingency under the influence of alcohol, and the victim wishes to be punished by agreement with the victim.