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 a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

On August 14, 2015, around 23:05, the Defendant was taking a D taxi operated by the victim C (57 tax) in front of the fire station located in Busan, Jung-gu, Busan, Busan, about 83-2, around the fire station located in Busan, and was able to take care of the victim on the ground that the Defendant failed to proceed along the way desired by the Defendant, and was able to boom the victim’s breath with his hand. When the victim’s face face was taken over by drinking, the Defendant sustained the victim’s injury, such as a breath, if the victim was aware of the need to take care of about two weeks.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. A report on investigation (Attachment of a photograph of damaged body) and a report on investigation (verification of a black box);

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall be limited to the minor injury and punishment [the scope of the recommended punishment] from five months to two years [the scope of the corrected punishment] from one year and six months to two years (the minimum limit of the recommended punishment is lower than the minimum limit of the applicable sentencing in law, and the lower limit of the recommended punishment shall set the minimum limit of the applicable sentencing in law]; and

3. The offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) is an act of causing a traffic accident and causing serious damage to the life, body, and property of a third party; the defendant was injured by taking care of the victim who is a taxi driver without any particular reason while under the influence of alcohol; and the defendant has been fined several times as a crime related to violence even before the instant case.