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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On November 26, 2014, the Defendant, at around 23:45, on the part of the victim C (the age of 66), who is a substitute driver, was on board the back of the DSM3 car owned by the Defendant, and, on the ground that the victim “SM3 car,” was asked “I am sing off anywhere in the Han River, I am sing off. I am sing off. I am. I am. I am. I am. I am. I am. I am. I am. I.).” In doing so, the Defendant inflicted injury on the victim, who is a driver of a vehicle in operation, such as cambling the victim’s face and khing the victim’s face, by taking care of about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The police statement of the victim C;
1. Application of Acts and subordinate statutes to a medical certificate of injury, and photographs of the victim's upper part of the body;
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)
1. Application of the sentencing criteria [decision of type] violent crime: Type 4 (Bodily Injury resulting from Violence to Drivers) [Special Sentencing] mitigated area] mitigated area; imprisonment for 10 months to 2 years (Provided, That no punishment may be imposed less than imprisonment for 1 year and 6 months, which is the lowest limit of applicable punishment in law; thus, imprisonment for 1 year and 6 months shall be the lowest limit); and
2. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution are crimes of this case where the defendant inflicted an injury by assaulting a substitute driver who was driving, and the crime of this case is very heavy in that it is dangerous to inflict an injury on many and unspecified persons by causing a traffic accident to the driver.
However, the fact that the defendant is against his mistake, and even if he is involved, the second damage due to the traffic accident occurs.