A defendant shall be punished by imprisonment for not less than one year and six 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.

Criminal facts

On November 12, 2017, the Defendant was boarding a taxi operated by the Victim C (Y, 55 years of age) on or around 19:30 on November 12, 2017, and took a bath without any reason during which he was passing through E-way in Busan Northern-gu, and suffered from an injury, such as blood transfusion, from an external wound, which requires treatment for about 14 days, by putting the face of the victim being driven by drinking.

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. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed normal conditions favorable to the above)

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

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for one year and a half years from June to two years (the type of determination) (the person causing assault by a driver): Class 4 (the person causing assault by a driver): Insignificant injury, non-reduction of the punishment [the scope of the recommended punishment], special mitigation area, five months to two years [the scope of the corrected recommended punishment], one year and six months from June to two years (the lowest limit of the sentencing range recommended in the sentencing criteria is lower than the minimum limit of the applicable sentencing under the law, and therefore the applicable sentencing range in the law is lower than the minimum limit of the applicable sentencing range).

3. The crime of this case resulting in the bodily injury of a driver of a motor vehicle in operation by assaulting the driver of the motor vehicle and causing the bodily injury of the driver of the motor vehicle. The crime of this case, however, is likely to inflict bodily injury on the driver of another motor vehicle, passengers, pedestrians, etc. by causing a traffic accident, and thus, the nature of the crime is heavy.

However, the degree of injury suffered by the victim due to the crime of this case is relatively relatively.