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

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

Punishment of the crime

1. Around 21:50 on March 30, 2018, the Defendant: (a) boarded a D taxi operated by the victim C (the remaining and 65 years of age) as a passenger; (b) on the front road of the 'F located in Daegu Jung-gu Eth, Seoul; (c) the victim called the victim "a U-turn to the U-turn" on the road; (d) the victim was suffering from a defective defect that “I cannot make the U-Ston due to the passage of the U-Ston place,” and when the victim 2-3 times the victim's arms, etc. as drinking.

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

2. The Defendant tried to get off the taxi on the front road of the 'F located in Daegu-gu EF', as set forth in paragraph 1, and tried to get out of the taxi, and on the ground that the victim prevents it, the Defendant assaulted the victim's neck on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes to the investigation report (on-site CCTV image investigation);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) against the crime, Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The first crime on the grounds of sentencing of Article 62-2 of the Criminal Act (the evidence submitted by the prosecutor alone is insufficient to view the defendant as a person suffering from habiting alcohol or being addicted thereto. Thus, the scope of the recommended punishment shall not be ordered in addition to ordering the observation of protection) / [the scope of the punishment] the aggravated area (4 months to 1 year), (4 months to 1 year) [the specially aggravated person] of Article 62-2 of the Criminal Act on the Protection and Observation (the scope of the recommended punishment] 2 of the crime in case of assaulting the driver of a motor vehicle in transit [the scope of the recommended punishment] / the basic area (2 months to 10 months) of Article 62-2 of the Criminal Act (the general assault) [the scope of the punishment] of Article 62-2 of the Criminal Act on the basis of the basic area (the person with special sentencing] : April to 1 year [the normal sentence] is good.