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A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 14, 2016, the Defendant boarded at the back of the C-si operated by the victim B (64 years) in order to return home from the “Yasan-gu “Yaeong-gu” in Ulsan-gu, Ulsan-gu, Seoul-do.
While the defendant was under the influence of alcohol in front of the same Gu-ro 32's Dong community service center, the defendant took a bath to the victim on the ground that he did not promptly have the ability or decision-making ability to discern things, and she took a bath to the victim on the ground that he did not have the ability to discern things.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to B
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Class 1 (Special Sentencing 1): Violence (Special Sentencing 1): The degree of the assault is minor (Type 1): Violence (1) of the driver of a motor vehicle in operation (general Sentencing 1): The mitigation element of the sentence (the person in charge of sentencing): The physical and mental weakness (the person in charge of general Sentencing) and serious reflect [the scope of recommended punishment] 2 months to 10 months (the basic area) of imprisonment [the scope of recommendation] - The grounds for probation are comprehensively compared and assessed - If the driver of a motor vehicle in operation is the victim on at least two occasions, the grounds for probation are two or more times, and positive factors are positive.
2. Six months of imprisonment with prison labor and one year of suspended sentence;