A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On June 17, 2017, the Defendant, on the road in front of Daegu-gu, Daegu-gu, and around 23:15, was driving by the victim E-si, who was driving by the victim D, twice at the right eye of the victim without any particular reason, and caused the victim to suffer injury to the victim, by taking two times at his/her own seat of the victim’s right eye, without any special reason, for about 14 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the 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 of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Application of the sentencing criteria [the types of determination] and class 4 (the person causing violence to a driver) (the person causing special sentencing): The mitigated element: In the area of minor injury and punishment [the scope of recommendation] special mitigation [the scope of recommendation] from five months to two years [ the scope of modified recommendation] from one year and six months to two years (the lowest limit of recommendation according to the sentencing criteria is lower than the statutory minimum limit of applicable sentences, and the lowest limit of punishment is set by the applicable applicable sentences under the law]; and thus, the lower limit of the recommendation according to the sentencing criteria is set by the applicable sentences under the law).

3. Determination of sentence: The crime of assaulting and injuring a driver of a motor vehicle in operation as in this case for two years of imprisonment and three years of suspended execution does not merely harm the driver's body, but is highly likely to cause additional damage by causing a traffic accident, and thus the defendant's responsibility is not weak, and the defendant has already been punished several times of the same kind of force, etc., which are disadvantageous to the defendant.

However, the defendant shows the form of recognizing the crime of this case and reflecting the depth thereof, and only with the victim.