A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

On July 11, 2016, the Defendant, around 00:31, 2016, on the roads of the Winter Elementary School located in the Dong-si, Kimhae-si, 96 (year 47 years old), refused to pay taxi expenses, and the victim operated the cab to receive the taxi expenses at the destination, and caused damage to the victim's satis and the satisfy of oral lectures that require approximately seven-day medical treatment to the victim at one time, when the victim's inside part of the satisf was able to receive the taxi expenses.

Accordingly, the defendant assaulted the victim who is operating a motor vehicle and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of 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 guidelines [Determination of types] The group of violent crimes, assault crimes, driver's bodily injury (type 4): The mitigation element: source of punishment (including serious efforts to recover damage) or recovery of considerable damage [the scope of the recommendation field and the recommended sentence] mitigation area, imprisonment with labor for a period of ten months to two years [the scope of the recommended sentence corrected by the applicable sentencing]] from one year and six months to two years (the lower limit of the recommended sentence according to the sentencing guidelines is lower than the lower limit of the applicable sentencing range in law, and the lower limit of the applicable sentencing range shall be set by the law lower limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for two years and suspended execution for three years; the crime in this case was committed by the defendant against the driver of a vehicle in operation; such crime was committed by the driver of the vehicle in operation, which is caused by a traffic accident, and multiple casualties are committed.