The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, at the time of misunderstanding the facts or misapprehending the legal principles, committed an act of assaulting the victim, who is another driver of the bus standing on the bus (hereinafter “the bus in this case”), which was parked for passengers’ getting off, and thus, even if the crime of inflicting an injury is established, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault against the driver, etc.) premised on the fact that the bus in this case was operating is not established.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of

B. The punishment sentenced by the lower court (one year and six months of imprisonment, two years of suspended execution, and 240 hours of community service) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the relevant legal principles as to the assertion of mistake or misapprehension of the legal principles as to the crime of assault or assault against the driver under Article 5-10(1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Cases”) is one of the legal interests protected by the protection of the traffic order and the safety of citizens by severely punishing the driver of a vehicle in operation by force, etc. against the driver, who threatens the safety of the driver, passengers, pedestrians, etc.., and thus, ensuring the order of traffic and the safety of citizens. Thus, in a case where it is not anticipated that the above legal interests are infringed, such as assault against the driver in the state of alcohol without the intention of continuous operation at a place where there is no risk of undermining the safety and order of the public, the above crime cannot be established (see Supreme Court Decision 2008Do4375, Dec. 11, 2008). The above legal principles and special circumstances are “passenger transport business” under Article 5-10(1) of the Act.