The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. As to the mistake of facts or misapprehension of legal principles regarding special assault 1), the act of the Defendant’s act of driving a vehicle while driving the vehicle in front of the vehicle in which the victim was driving, cannot be seen as the exercise of force against the victim. Moreover, since the victim’s head bond was taken on the vehicle at the time of the assault, it cannot be deemed that the victim committed an assault by carrying dangerous articles. 2) As to the act of driving without a license on March 29, 2019, the Defendant was driving without a license of the victim on March 29, 2019, even though the driver’s license was suspended due to the said special assault and the temporary driver’s license was valid until March 24, 2019, but the temporary driver’s license was not notified that the period of the said temporary driver’s license is still valid.

Therefore, the defendant is not guilty of driving without a license.

3) As to the non-licensed driving on June 22, 2019, the Defendant received the disposition of revoking the driver’s license on June 7, 2019 on the ground of the non-licensed driving on March 29, 2019. If the Defendant is found not guilty of the fact that he/she carried a vehicle with respect to the above special assault, the above grounds for suspending the license, which was the premise for non-licensed driving on March 29, 2019, do not exist, and thus, this part of the non-licensed driving cannot be punished. (b) The lower court’s sentence of unfair sentencing is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. Regarding the special assault, the following circumstances revealed by the evidence duly adopted and examined by the court below, namely, assault in the crime of assault means the exercise of physical tangible power against a human body, and it does not necessarily require any contact with a victim’s body (see Supreme Court Decision 89Do1406, Feb. 13, 1990). The Defendant is driving on the vehicle (hereinafter “victim’s vehicle”).