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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.
Reasons
Criminal facts
On April 8, 2013, around 19:55, the Defendant was driving the victim D (year 48) who is the substitute driver of the road in front of the CSS in Kimhae-si.
At this point, the Defendant: (a) led to the misunderstanding that the victim is going in a direction different from his/her destination; (b) thereby, he/she set up the vehicle, i.e., “odino, why we see,” and (c) twice the victim’s block in the signal atmosphere, resulting in the victim’s injury in light of the clock that requires approximately three weeks of treatment.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes of the injury diagnosis 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
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;
2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] violent. Violence. Violence.
3. Determination of sentence: The Defendant’s crime of this case committed in one year and six months of imprisonment, and two years of suspended execution, was committed by assaulting the victim, who is the driver of the vehicle on board, resulting in injury; the driver’s assaulting the driver is likely to cause serious personal or material injury; and the Defendant has been punished several times due to assault, etc., the Defendant’s liability for the crime is somewhat weak.