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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 23, 2017, around 01:47, the Defendant suffered injury to the victim, such as brain, etc., which requires approximately three weeks of medical treatment, by drinking alcohol, in E-si where the victim D (47 tax) was under driving, and without any reason.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. Application of the Acts and subordinate statutes of subparagraph (D) of a photograph of damage or injury;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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

2. Application of the sentencing criteria [the scope of the recommended punishment]: Imprisonment with prison labor for not less than 10 months, but not more than 2 years, where the mitigated elements of Category 4 [the person causing violence to a driver] are mitigated (including a serious effort to recover damage) or substantial damage is recovered.

3. Scope of the recommended sentences that are modified by the applicable sentencing range under law: Imprisonment with prison labor for not less than one year and six months, but not more than two years (the lowest limit of the sentencing range recommended by the sentencing criteria is lower than the lower limit of the applicable sentencing range under law, and such lower limit shall be set at the lower limit of the applicable sentencing range under law).

3. The instant crime committed against a taxi engineer who is driving the instant vehicle is likely to cause secondary damage such as a traffic accident, and the Defendant has past record of criminal punishment of fines for violent crimes.

However, the defendant has compensated the victim for the damage, and the victim shall be punished.