Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Criminal facts

On July 13, 2018, the Defendant: (a) around 03:40 on July 13, 2018, at the Busan East-gu Clocking parking lot, listened to the horses of smoking from the back seat of the taxi with the victim D (58) so as to reduce tobacco from the damaged by smoking; (b) the part of the part of the victim in the driver’s seat was generated by the victim, who is the driver of the vehicle in operation on one occasion, and caused the injury to the victim, such as light salt, tension, etc. for about two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the parts of damage, a medical certificate of injury, and a medical expenses invoice;

1. Application of Acts and subordinate statutes to the investigation report (No. 1 time a month);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment [the scope of the punishment that has been corrected according to the applicable sentencing guidelines] set forth in Category 4 (Bodily Injury of Drivers) [person who is in charge of special sentencing] and the mitigated area of the punishment [the scope of the recommended punishment], the mitigated area of the punishment, 10 months to 2 years (the scope of the recommended punishment that has been corrected according to the applicable sentencing guidelines set forth in law], one year and six months to two

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the defendant, under the influence of alcohol, refused to pay taxi charges, and the defendant, under the influence of alcohol, sustained the injury of the driver who gets off tobacco in the taxi that leads to the police station, resulting in the breath of the driver who prevents him from smoking;

Such an act is not only a violation of the victim's body, but also may cause danger to traffic order and public safety. Therefore, the crime liability is not weak.

However, the defendant recognizes a mistake and is against the law.

In addition to a fine once, there is no history of criminal punishment against the defendant, and the defendant commits the crime of this case in a contingency under the influence of alcohol.