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 July 3, 2020, the Defendant: (a) around 19:55 on July 3, 2020, at around 19:55, the victim D ( South, 56 years of age) who temporarily stopped for the Defendant’s getting down of the city of Chang-si B and C; (b) under the influence of alcohol, misleads the victim that the victim would pay less the remaining money; (c) made the victim’s head one time by drinking; and (d) made the victim’s chest and shoulder part by drinking.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Police Statement No. 112 Report No. 112 to D to the Act on the Handling of the Case No. 112

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the general assault [the Class 1] mitigated elements of punishment: In cases of assaulting the driver of a motor vehicle in operation (the area of recommendation and the scope of the recommended punishment], the basic area of the recommended punishment, and February through October.

3. Determination of sentence: The crime of this case committed for eight months of imprisonment and two years of suspended sentence is a case of assaulting a taxi driver in operation, threatening the safety of citizens, such as pedestrians on roads, etc., as well as a large traffic accident, which may cause danger to traffic order, and multiple assault records of the defendant are used to commit the crime of this case.

However, considering favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflected the mistake, and the victim expressed his/her intent not to have the defendant punished, the age, character and conduct, family relationship, and the motive of the crime.