A defendant shall be punished by imprisonment 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.

Punishment of the crime

On December 24, 2016, around 21:20, the Defendant, while under the influence of alcohol on the roads near the long distance of the telephone station in Geumcheon-gu Seoul, Geumcheon-gu, Seoul Metropolitan City, at around 1372, called the victim C (59 years of age) to move the victim to the long distance of the telephone station in the Gu, and requested the victim to move the victim to the long distance, and the victim was the victim's face at one time, with the victim's own hand, while the defendant was driving the taxi to the purport that the place of the defendant was the long distance of the telephone station in the Gu.

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

Summary of Evidence

1. The defendant's statement at the fourth public trial date in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (pacted F Telephone);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Aggravation of the recommended punishment according to the sentencing criteria: Violence (a) general assault (a type of special assault) (a person subject to sentencing): In the event of assaulting the driver of a motor vehicle in operation, mitigation factors: (a) in the event of assaulting the driver of the motor vehicle in operation, in the basic area of punishment not (the territory of recommendation and the scope of the recommended punishment), in the imprisonment period from February to October.

3. Grounds for probation [Main reasons for probation] positive reasons: Non-permanent grounds for punishment (general reasons): If the driver of a motor vehicle in operation is a victim, positive cases: There is no contingent crime, nor criminal records of a stay of execution or more.

4. The act of assaulting the driver of a motor vehicle who is under the sentence of sentence is a dangerous act, and that the accused has been punished several times for violent crimes prior to it is disadvantageous circumstances, or that the accused has denied the crime of this case, and it is no more than 4 times.