교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for four months.
1. Summary of grounds for appeal;
A. The victim's assertion of misunderstanding of facts or misunderstanding of legal principles cannot be seen as "the occurrence of a danger to life, a flag, or a flag or a flag disease" caused by the traffic accident of this case, and thus, the injury to the victim's flag and the left-hand side shall not be deemed to fall under "the occurrence of a danger to life due to bodily injury, a flag, or a flag disease."
B. The lower court’s determination on the grounds of unreasonable sentencing (six months) is too unreasonable.
2. Determination
A. The phrase “unclaimed area” under the proviso of Article 4(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning misunderstanding of misunderstandings or misunderstanding of legal principles refers to the case where a significant part of the body is cut or damaged and its unique function is lost. The loss of its unique function requires considerable or significant degree of loss in balance with “unfavorable or incurable” and, even if recovery is possible through treatment, it shall be deemed as a non-permanent area in cases where its unique function is lost for a long time.
The following circumstances acknowledged by the lower court and the evidence duly adopted and examined by this court: ① According to the diagnosis document of December 14, 2012, 2012, the issuance of U Hospital Ma which diagnosed the victim on the date of the instant traffic accident, Byung’s name stated to the effect that “In the case of the instant accident, the two constant mixed water accompanied by no open wound, and less than two open wounds, and the mouth damage, etc. during the period of 12 weeks after the accident,” and that “the treatment is required for about 12 weeks after the accident,” and ② according to the diagnosis document of March 7, 2013, 2013, Byung’s name is “the 3th brain (math), ney, and less than the ney,” and “the victim” should have the visual disability, and “the victim.