The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

(a) When the victim is driving a vehicle, there is no fact that the defendant takes back the back head of the victim in his/her hands or causes him/her to face his/her head in his/her free will.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, it can be sufficiently recognized that the Defendant assaulted the victim, such as the statement in the facts charged, when the Defendant is driving.

Therefore, this part of the defendant's argument is without merit.

1) According to the black image installed in a taxi, at the pertinent point, the Defendant made a statement to the effect that, at the time, the voice of the victim’s booms the victim’s hump, and immediately thereafter, the Defendant hump hump hump hump hump hump hump, along with the voice of the Defendant’s hump hump hump hump. hump hump hump hump. hump hump. hump hump hump, from the investigative agency to the court below’s decision,

The statements of the victim are consistent to the detailed parts of the victim's statement, and are reliable because the contents of the assault and the situation before and after the crime are specifically described.

In particular, the victim made three statements at the investigative agency, and was subject to the cross-examination between the defendant and the victim, and made a clear statement to the same effect.

3) On the contrary, the Defendant is likely to be under the influence of alcohol to a certain extent at the time of the instant case (Evidence No. 1-2, 31, 55, 62, and 98). In fact, the Defendant is under the influence of alcohol at an investigative agency.