The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. Although the Defendant assaulted the victim B, who is a taxi engineer, the said victim cannot be deemed to fall under “the driver of a motor vehicle in operation” inasmuch as the taxi was completely stopped at the time.

(M) Fact-finding and misunderstanding of legal principles).

Even if the defendant's act is found guilty, the sentencing of the court below (one year of imprisonment) is too unreasonable.

(F) Determination; 2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles on the assertion of facts. However, the crime of assault or assault against a driver of a motor vehicle in operation is one of the legal interests protected by the law by seriously punishing the driver, passengers, or pedestrians by using violence, etc. against the driver of the motor vehicle in operation, thereby establishing traffic order and promoting the safety of citizens. Thus, if it is not anticipated that the above legal interests are violated, such as assault against a driver who stops the motor vehicle without the intention of continuous operation at a place where it is unlikely to disturb public safety and order, the crime cannot be established (see, e.g., Supreme Court Decision 2008Do4375, Dec. 11, 2008). However, if the crime of assault or assault against a driver in the state of driving a motor vehicle temporarily without the intention of continuous operation is established based on the following legal principles: