The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of the legal principles 1) As to the act of special assault in the judgment of the court below, the defendant did not see the injured person to block the front of the vehicle, as well as merely because the motor vehicle is 20 cm away from the wind on the wind that she was seated with the police officer who was seated in the back of the vehicle and carried a balke, and thus, the defendant did not have the intention of special assault.

2) As to the violation of the Road Traffic Act (refluence of alcohol measurement), the Defendant driven under the influence of alcohol, such as not smelling, and having no redlight on the inside of the judgment of the court below.

Since there was no reasonable reason to determine the person, even if the defendant refused to comply with the demand for alcohol measurement in such a state, the violation of the Road Traffic Act is not established.

In addition, since police officers did not notify the defendant of the summary of the crime at the time of arrest, the reason for arrest, and the right to assistance of counsel even though the defendant did not meet the requirements for the arrest of flagrant offenders, and did not notify the defendant of the summary of the crime at the time of arrest, the reason for arrest, and the right to assistance of counsel, they constitute illegal arrest. Thus, even if the defendant refused to comply with the request for measurement of drinking alcohol under illegal arrest,

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to special assault: ① The victim F was at the court of the court below’s trial, i.e., at the point of the front part of the Defendant’s vehicle to prevent the Defendant from driving, 30 to 1 minutes at the middle part of the vehicle, and the police officer who was seated on the back of the driver’s seat changed to turn on the front part of the vehicle, and the vehicle left at the end of 3 times.