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

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

Punishment of the crime

On May 6, 2016, the Defendant 03:36 around Seongdong-gu Seoul Metropolitan Government on board D taxi operated by the injured party C (5 years old, South) in Seongdong-gu and up to the Myeon area of Jung-gu, Seoul, the Defendant 03:45 on the same day and was driving in front of Jung-gu, Seoul, the Defendant 03:45 on the same day.

C. The Defendant 1 expressed his motive, “I am immediately,” and assaulted the driver of a motor vehicle in operation by assaulting the victim’s back head, booming the back, booming the victim’s back, booming the neck by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. As to the Defendant’s assertion under Article 62(1) of the Act on the Suspension of Execution, the Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant crime.

In light of various circumstances, such as the circumstances surrounding the instant crime, means, details of the crime, and the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things under the influence of alcohol at the time of the instant crime, and thus, the foregoing assertion cannot be accepted.

The reason for sentencing [the scope of recommended punishment] The basis for sentencing of the type 1 (general assault) in the basic area (two to ten months) [special mitigation (special mitigation)] in the case of assaulting the driver of a motor vehicle in operation] in the following circumstances under the decision of sentencing, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be comprehensively taken into account.

- The commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.