A. The judgment of the court below which found the defendant guilty of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence, etc.) even though the defendant did not assault the victim by taking back the back head of the victim who is running a motor vehicle.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. On the argument of mistake of facts, D in the court of original instance, the witness stated in the court of original instance that “The defendant was aboard the taxi on the day of the instant case and going into G, the dispute was raised over the defendant’s grandchildren on the front seat of the taxi. During the stop at the destination, the defendant left the shoulder of the witness’s body while leaving the taxi at the destination, cut down the clothes of the witness, and the witness went to the police box after having arrived at the destination, but the defendant was going to go to the direction of the police box to return the vehicle, but it was difficult for the defendant to take the back of the witness’s body while the defendant was working in the direction of the police box. The above statement of the witness appears to be consistent and consistent with the witness’s statement made immediately after the instant case and consistent with it, and the witness appears to have high credibility, when the defendant was present at the time of questioning whether the defendant was driving or not, the witness’s body and the witness’s answer to other questions such as the defendant’s body was lawfully confirmed and confirmed.

Therefore, this part of the facts charged is found guilty.