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, 2019, the Defendant: (a) 23:14 on October 28, 2019, when getting on and moving a C cab operated by the Victim B, and the victim stopped the said cab and requested the Defendant to get off the cab; and (b) on two occasions at the right side of the victim who was seated in the driver’s seat without any justifiable reason under the influence of alcohol, the Defendant suffered bodily injury, such as internal equipment, internal equipment, and tissue string, where the number of days of treatment cannot be known to the victim.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (limited to attachment of a medical certificate submitted by a victim, and attachment of photographs and CCTV images);

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 on probation and lecture attendance order;

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the decision of types] the scope of the recommended punishment [the scope of punishment] used to commit violence against a driver [the scope of the recommended punishment], the mitigated area of the punishment [the scope of the recommended punishment and the scope of the recommended punishment], ten months through two years [ the scope of the recommended punishment corrected according to the applicable sentencing], one year and six months through two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for two years, suspended sentence for three years, probation, and violence therapy for forty hours, the crime of assault or bodily injury by a driver of an order to attend a lecture may cause a traffic accident and thereby life, body, etc. of a third party;