특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. In light of the background, degree, etc. of the instant accident, the lower court found the victims guilty of the facts charged as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by misapprehending the legal doctrine, or by misapprehending the legal doctrine.
The sentencing of the court below (10 months of imprisonment) is too unreasonable.
2. In a judgment criminal case, the written diagnosis of injury may be a serious evidence to prove the criminal facts of the defendant together with the statement of the victim;
(see, e.g., Supreme Court Decision 2010Do12728, Jan. 27, 2011). However, inasmuch as the existence of an injury and the causal relationship can be acknowledged when it is proven to the extent that there is no reasonable doubt, the existence of the injury and the causal relationship ought to be proven. Therefore, when there are circumstances to suspect the objectivity and credibility of the injury diagnosis report, the relevant
In particular, when issued only medical possibility based on the victim's subjective appeal, etc. that the injured person mainly has pain, the probative value should be determined in accordance with logical and empirical rules by closely examining the date and time when the injured person received the treatment after the injured case, the motive and process of receiving the treatment, the progress of the treatment after the injured person, etc., as well as the progress of the treatment after the injured person is closely close to the time and time of the injured person, and there is no circumstance to doubt the credibility in the process of issuing the injured person's written diagnosis; whether the injured part and degree in the written diagnosis are consistent with the cause and circumstance of the injured person's injury; whether the difficulty of the injured person complaining for the injury occurred due to a new cause irrelevant to the injured person's body or circumstance; and whether the doctor issued the written diagnosis; etc., in addition to examining
(see, e.g., Supreme Court Decision 2016Do15018, Nov. 25, 2016). Meanwhile, injury to a victim’s physical integrity or physiological function is hindered.