The defendant's appeal is dismissed.

misunderstanding the substance of the grounds for appeal and misunderstanding the legal principles, the Defendant did not assault the driver of a vehicle in operation because the victimized person gets a taxi at the Defendant’s desire and assaulted the victim after having her string away. As such, the Defendant merely constitutes the crime of causing bodily harm by violence under the Criminal Act, and does not constitute a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

Even if the Defendant: (a) committed an assault against a victim in operation;

Even if the injured party's injury was caused by violence after stopping, it is necessary to apply the rate of violence under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of bodily injury resulting from violence under the Criminal Act as substantive concurrent crimes.

Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles, thereby affecting the conclusion of the judgment

At the time of committing the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

As to the assertion of misunderstanding of the legal principles, the crime of assault or assault against a driver under Article 5-10 (1) and (2) of the Act on the Aggravated Punishment of Specific Crimes is one of the legal interests to establish traffic order and ensure the safety of citizens by seriously punishing the driver of a motor vehicle who is in operation by force against the driver of the motor vehicle, etc., thereby seriously punishing him/her about threateninging the safety of the driver, passengers, pedestrians, etc... Therefore, in cases where it is not anticipated that the above legal interests are infringed, such as assault against a driver who has parked or stopped a motor vehicle without the intention of continuous operation, in a place where it is not likely that the traffic safety and order of the public would be undermined, the establishment of the above crime cannot be recognized (see Supreme Court Decision 2008Do4375, Dec. 11, 2008).