A defendant shall be punished by imprisonment for four months.

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

Criminal facts

On January 13, 2017, at around 22:30, the Defendant: (a) was under the influence of alcohol in a D taxi operated by the victim C (68 tax) established in Gangseo-gu Seoul Metropolitan Government, and (b) was damaged by breaking himself/herself on the ground that he/she arrived at the destination on the ground that he/she was under the influence of alcohol in the D taxi; and (c) breaking him/her on his/her hand, who is a victim’s right-hand taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photofics among damaged vehicles;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall be the general standard and the area of mitigation (i.e., damage to property, etc.) (ii) and the area of mitigation (i.e., special mitigation) shall not be subject to the punishment;

2. According to the decision of sentence (two years of suspended sentence in April), the Defendant’s crime of this case was destroyed by damage to the right side of the taxi in which the Defendant was on board without any particular reason, and the nature of the crime is not good in light of the motive, pattern, etc. of the crime. In light of the fact that the Defendant had been punished several times for violent crimes even before the instant crime was committed, and that there was a previous conviction during suspended sentence, the Defendant needs to strictly punish the Defendant.

However, in light of the fact that the defendant committed the crime in this case while recognizing the defendant's mistake, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime in this case, etc., and all of the conditions of sentencing as shown in the theory of changes, such as the circumstances after the crime in this case, etc., the punishment shall be determined as ordered.