A defendant shall be punished by imprisonment for four 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

On August 18, 2016, around 03:40 on August 18, 2016, the Defendant, within the taxi of the victim F (the age of 47) operating a road in front of the E Hospital located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, when the victim arrives almost in the trade of timber at the destination, the Defendant, who was divingd from the back seat, was 4-5 times the victim’s side gate, and the victim continued to stop the taxi at 4-5 times the victim’s face.

Accordingly, the Defendant assaulted the driver of a motor vehicle in operation as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

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. Where the scope of the recommended punishment according to the sentencing guidelines [the range of recommending punishment] is limited to the mitigated area (one month to eight months), the punishment is not granted (including serious efforts to recover damage), or considerable damage is recovered from the mitigated area (one month to eight months), or considerable damage is restored;

2. An act of assaulting a driver of a motor vehicle who is under the sentence of sentence is not good in that it causes a traffic accident and is highly likely to cause damage to a third party's life, body, or property, and the defendant has a record of suspended execution once a crime is committed by violence, four times a fine is imposed, and there is a record of being sentenced to a fine once a crime of the same kind that assaults the driver of a motor vehicle in operation, and the degree of assault is disadvantageous to the defendant.

However, considering the fact that the defendant repents and reflects the defendant's mistake, the fact that the victim has agreed smoothly with the victim, etc., the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime are shown in the records and arguments of this case.