Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

The defendant is a person who gets on a C-si driven by the victim B(60 years of age).

On September 5, 2019, the Defendant: (a) around 21:42, Namyang-si, Namyang-si, the 7Dasan Administrative Welfare Center, in front of the 7Dasan-si, Namyang-si, where the victim was waiting for a signal, and (b) caused the victim to suffer injury, such as the loss of the unclaimed unit of the treatment days, by driving the victim bypassing the victim from the rear seat to the destination.

Accordingly, the defendant abused a driver who operates an automobile and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Medical certificates, booms photographs and images;

1. Application of Acts and subordinate statutes to investigation reports (where the name of the crime resulting in injury to a driver is changed);

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 extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the scope of violent crimes [the category 2] the driver's bodily injury [the scope of the recommended punishment] mitigation elements: the reduction area of punishment [the scope of the recommended punishment], the mitigation area], the imprisonment for 10 months to 2 years [the scope of the recommended punishment corrected according to the applicable sentencing]], from one year and six months to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, so the lower limit of the applicable sentencing range is set according to the law).

3. Determination of sentence: Imprisonment with prison labor for a year and six months (two years suspended of execution) is that the defendant inflicts an injury on the victim who is a driver by boarding a taxi, and the assault against the driver is a third person.