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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 25, 2016, around 22:23, the Defendant assaulted the victim’s head at one time at the right part of the f restaurant in Asan City due to the failure of the victim’s head to reduce speed from the speed at the speed, while driving the f restaurant in the new public health clinic located in the Eup located in the Dong where the victim C (40) was on board the 40-year-old-si, and going through a new public health clinic in the Eup located in the Dong where Asan City was located.
As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and caused two-day medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A written diagnosis of injury;
1. Application of the Acts and subordinate statutes of violence booms and video images;
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;
1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;
2. Where the application of the sentencing guidelines [the scope of the recommended territory and the scope of the recommended sentence] special mitigation area, five months to two years of imprisonment, in case of assaulting crimes, assaulting crimes of Types 4 (Aggravated Injury by Drivers), minor injury (the person subject to special mitigation] (the person subject to special mitigation) (including the efforts to recover damage), the source of punishment (including the advanced efforts to recover damage), or considerable damage has been recovered;
3. Determination of sentence: Imprisonment with prison labor for a year and six months (based on the lowest limit of applicable sentences in law), and violence committed against drivers of vehicles with a suspended execution of two years is a crime of high risk that may cause a large traffic accident;
The crime of this case is an assault against a driver while under the influence of alcohol by the defendant while using a taxi.
In addition, the defendant in 2003.