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 this judgment becomes final and conclusive.

Punishment of the crime

On October 28, 2015, the Defendant was on board the victim C (55 years old) who was driving in the vicinity of the songdong-dong of Changwon-si, Changwon-si.

At around 21:20 on the same day, the Defendant, while making a mobile phone call in the state of drinking in the above taxi while driving in front of the public room in the 93-ro, Changwon-si, the Defendant: (a) sold the taxi glass to drinking in a number of times; (b) the victim met it; (c) the victim spawned, and (d) the victim’s face face at one time in drinking.

As a result, the Defendant assaulted the victim who is driving a taxi and inflicted an injury on the victim, such as an open wound of the malicious department that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

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. 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing guidelines [type determination] : Group of violent crimes, assault crimes, driver's injury (type 4) : In the event that punishment is not imposed (including serious efforts to recover damage): or considerable damage is recovered from sources of punishment (including the area of recommendation and the scope of recommended punishment); imprisonment with prison labor for 10 months to 2 years [the scope of recommended punishment as modified by applicable sentences] from one year and six months to two years (the lowest limit of the range of punishment recommended by the sentencing guidelines is lower than the minimum limit of the applicable sentences under law; therefore, the lowest limit of the applicable sentences under law is set at the minimum limit of the applicable sentences).

3. Determination of sentence: Imprisonment with prison labor for two years and suspended execution for three years; the crime of this case was committed by the defendant against the driver of the vehicle in operation, and such crime was committed by the driver of the vehicle in operation.