A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. 폭행 피고인은 2016. 1. 18. 23:33 경 울산 동구 N 소재 O 편의점 앞길에서, 술에 만취하여 아무런 이유 없이 위 편의점에서 담배를 사고 나와 P 그랜저 승용차에 올라 타 문을 닫으려는 피해자 Q(53 세 )에게 욕설을 하면서 양손으로 피해자의 멱살을 잡아 피해자의 목을 조르고, 양 주먹과 발로 피해자의 온몸을 때리고 걷어찼다.

Accordingly, the defendant assaulted the victim.

2. On January 18, 2016, at around 23:35, the Defendant illegally used a motor vehicle: (a) operated a Poper vehicle owned by the victim from the front of the convenience store in the foregoing paragraph 1. On the front of the convenience store; (b) pushed the victim Q Q to the front of the operation seat; and (c) drive the Poper vehicle from the front of the convenience store to the front of the “D kindergarten” path located in Ulsan-gu, Ulsan-gu, without the victim’s consent.

Accordingly, the defendant used another person's automobile temporarily without the consent of the right holder.

3. The Defendant in violation of the Road Traffic Act is a person engaging in driving a Pu-owned Q-owned car.

On January 18, 2016, at around 23:36, the Defendant proceeded along the side road in front of the “D kindergarten” as stated in the above 2. Paragraph (2) with approximately 10km speed from the right side of the gas station located at the same Gu office from the right side of the S.M. to the right side of the gas station.

At the same time, there were many vehicles parked on the left and right of the vehicle, so a person engaged in driving of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering system, steering system, brake system, etc.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, was negligent in driving while driving, received the front part of the victim E(58)-private taxi driving in the direction opposite to the driving direction of the Defendant’s driver’s vehicle. The front part of the Defendant’s driver’s vehicle was driven in front of the Defendant’s driving vehicle.

Ultimately, the Defendant committed the above occupational negligence.