A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

1. The Defendant is a person who had been sentenced to imprisonment for 8 months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on January 15, 2016 and was sentenced to 2 years of suspension of execution on the same kind on six occasions.

2. On January 12, 2018, around 02:10 on January 12, 2018, the Defendant was on board the victim D (74 tax) on the street near Gangnam-gu, Seoul, and was under the influence of alcohol while driving the taxi on the road near the Scar basin in Gwanak-gu, Seoul, Seoul, and was under the influence of alcohol to the victim “in the opposite direction.”

“In doing so, the time and booms were carried out while doing so, and when the victim’s hair was shakend by hand, and his face was taken four to five times in drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. A damaged photograph;

1. Records of crimes: Application of investigation reports (verification of suspect A's records) and applicable Acts and subordinate statutes, such as written judgments;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. Application of the sentencing criteria;

(a) Determination of types: Violence Crime>> (Class 1) General assault;

(b) Special sentencing factors: [In cases of assaulting the driver of a motor vehicle in transit [aggravating elements], [aggvating elements] penalty non-permanent sources (including serious efforts to recover damage).

(c) The scope of the recommended territory and the recommended range of punishment: Basic territory, imprisonment for two to ten months; and

3. Determination of sentence;

(a) Unfavorable circumstances: The defendant committed a crime that assaults a taxi driver in operation and thus assaults another taxi driver in operation even though he/she had been subject to criminal punishment six times or more;

(b) favorable circumstances: the victim wishes to take the Defendant’s wife;