A defendant shall be punished by imprisonment for six 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

On October 24, 2013, at around 20:53, the Defendant: (a) had the victim E (54 years of age) drive the vehicle on behalf of his own F Pppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp, around 21:15 on the same day, the Defendant her hpppppppppppppppppppppppppppppppp, and her ppppppppppppppppp, and continued to run the road near the Sinppppp.

In this way, the defendant assaulted the victim who is the driver of the vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The defense counsel asserts that the defendant was in a mental and physical state by drinking at the time of committing the instant crime.

However, in light of the criminal records, etc. of the defendant, the defendant was under the influence of alcohol at the time of the crime of this case, it is determined that the defendant did not refrain from drinking despite being well aware that he was highly likely to engage in violent behavior when he was under the influence of alcohol. This constitutes an exception to the limitation of the ability to assume responsibility under Article 10(3) of the Criminal Act. Thus, the above assertion is rejected.

Application of Statutes

1. Relevant Articles on criminal facts, Article 5-10 (1) of the Act on the Selection of Punishment, etc. of Specific Crimes, and Selection of Imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the accused.