A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On April 1, 2013, the Defendant is a person with the same record not only two times, in addition to the summary order of a fine of five million won by violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence, etc.) by the Seoul Northern District Court.

Criminal facts

On June 22, 2015, the Defendant: (a) boarded a D taxi operated by the victim C (year 49) on the front of the Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Area “Lanpongp” road; (b) around 19:55 on the same day, the Defendant used the victim’s cell phone call in order to confirm the destination as the Defendant did not respond accurately under the influence of alcohol, and used the victim’s cell phone in order to confirm the destination; (c) assaulted the victim, i.e., raising drinking alcohol, raising the seat of the back of the taxi, and 2-3 times drinking the convenience of the seat of the taxi.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Previous records of judgment: Application of criminal records, investigation reports (former records, summary orders and reports attached to judgments) Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Determination of types of assault crimes in the range of recommendation [decision of types] (general violence): Where the driver of a motor vehicle in operation has assaulted the driver of a motor vehicle (the scope of recommendation types) (the scope of recommendation types), the aggravated area ( April to one year);

2. The sentence of this case is not good, and the defendant can have the same criminal records including the suspended sentence of imprisonment, but the defendant recognized the mistake of this case and reflects it at the time.