A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

On July 15, 2017, the Defendant: (a) 02:25 on July 15, 2017, the Defendant was drunk on the part of the Defendant’s Crane-do, Ulsan-gu, U.S., U.S., U.S.-gu, U.S., which is driving on the north-gu boundary of the south-gu bank, and without any justifiable reason on the part of the Defendant; (b) on the part of the victim E (55 years) who is an agent for driving the said vehicle while driving the said vehicle, the Defendant displayed his body toward the victim E (5 years old), and sashn, etc.; and (c) on the part of the victim who prevented the Defendant’s act, the Defendant should not see that “

“Abundling” and making two times the face and side of the victim’s right side in drinking.

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

Summary of Evidence

1. The defendant's partial statement in court (the defendant's assertion of mental and physical loss);

1. Statement made by the police for E;

1. Application of the statutes governing photographs of victims;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. In light of the background leading up to the instant crime, the means and method of the crime, and the progress after the crime, etc., as to the defense counsel and the Defendant’s assertion that the Defendant was in a state of mental and physical loss by drinking alcohol, the Defendant was in a state of ability to discern things or make decisions at the time of the instant crime.

Therefore, the above argument cannot be accepted.

The reason for sentencing [types] - Class 1 (General Violence) (person in charge of sentencing) [Special Sentencing] - In the event of assaulting the driver of a motor vehicle in operation of aggravated factors - [1] the decision in the sphere of recommendation] / [1] the basic area / [the scope of recommendation] February to October / [10] - The main reason for suspension of execution - Where the driver of a motor vehicle in operation of negative factors is the victim: there is no positive or more criminal records of suspension of execution.