A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On April 15, 2020, at around 02:58, the Defendant inflicted an injury on the part of the head of the Dong-dong, Songpa-gu Seoul Metropolitan Government, on the part of the victim who was working on an expressway at the direction of 429-3 Seoul Metropolitan City, which was driven by the victim B (the South and the age of 41) and talked with the victim while getting on a small-scale taxi, and caused an injury to the victim, such as the inner part, which requires approximately three weeks of treatment.

Accordingly, the defendant assaulted the 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. Written statements prepared;

1. A report on investigation (report on the analysis of images of a victim's vehicle booms);

1. Application of Acts and subordinate statutes of a medical certificate of injury, such as photographs of damaged parts;

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 concerning the crime

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Act on the Suspension of Execution (The following grounds for sentencing) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of types) [Type 4] used to commit violent crimes against a driver's bodily injury (special person). The mitigated elements of punishment (the scope of the recommended area and the recommended punishment): Reduction areas; the mitigated scope of punishment; the imprisonment from October to two years (the scope of the recommended punishment corrected according to the sentencing guidelines]; the imprisonment from June to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable to a case where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range); and therefore, the applicable sentencing range under the law shall prevail);

3. The crime of this case committed not only against the victim, who is the driver of a vehicle, but also with a heavy risk of causing damage to the life, body, etc. of a third party by causing a traffic accident, etc., and needs to be punished strictly.

In fact, an expressway at the time of the crime of this case.