A. Fact-misunderstanding and legal principles are that the injury suffered by the defendant due to a traffic accident that occurred at the time, time, and place stated in the facts constituting the crime in the judgment below (hereinafter “traffic accident in this case”) is extremely insignificant to the extent that it cannot be evaluated as harming the damage under the Criminal Act, and it is possible to recover nature without impeding daily life. Thus, there was no need to take relief measures under Article 54(1) of the Road Traffic Act against the defendant.

There was a need for family relief measures;

Even if the defendant directly called 119 and called to the 119th emergency vehicle, and the police officer called to the site of the case revealed the identity of the defendant by telephone, so the defendant fulfilled all the obligations under Article 54 (1) of the Road Traffic Act, such as aiding the victim.

Nevertheless, the court below found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in this case. The court below erred by misunderstanding the facts and by misunderstanding the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court against the Defendant (an amount of five million won) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court in determining whether the injured party’s injury can be evaluated as an injury under the Criminal Act, the lower court’s determination on the assertion of misunderstanding of facts and misapprehension of the legal doctrine is difficult to view that the injury suffered by the injured party is extremely insignificant and that the injured party does not need treatment, and that it does not interfere with daily life even if the injured party’s injury was not treated, and that it is naturally cured as a result of the passage of the day, and thus, constitutes injury under the penal law.

(1) A victim shall fasten his/her bicycle at a crosswalk.