The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In this case, a mistake of fact that the Defendant changed the vehicle of the victim in the future, was merely an urgent attempt to enter the gas station due to a serious lack of fuel, and did not threaten the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of threatening the victim by vehicle is erroneous in the misapprehension of the facts charged.

B. The sentence of the lower court’s improper sentencing (one year of the suspended sentence of six months) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted as the grounds for appeal in this part, but according to the evidence of the judgment below, the court below rejected the above assertion, on the ground that, according to the reasoning of the judgment below, it is sufficiently recognized that the victim’s vehicle operated normally by the Defendant was changed rapidly into the Defendant’s vehicle.

According to the records, such as video, etc. taken in each vehicle boom by the Defendant and the victim, the Defendant is recognized to have driven the Defendant’s vehicle at the time, and then rapidly changed two lanes in the front direction of the victim’s vehicle in order to prevent the Defendant from entering the victim’s vehicle and blocking the course. In addition to the following circumstances and the Defendant’s speech and behavior seen by the victim at the time, the Defendant may fully recognize the fact that he threatened the victim by using the vehicle as stated in the facts charged in the instant case.

Therefore, the judgment of the court below that convicted the Defendant of the facts charged of this case is erroneous by mistake as pointed out by the Defendant.

Therefore, we cannot accept the defendant's ground of appeal as to mistake of facts.

B. In light of the circumstances favorable to the Defendant and the unfavorable circumstances in relation to the allegation in sentencing, the sentence imposed by the lower court within the scope of the lower court’s discretion in sentencing.