The judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the judgment.

2. Determination

A. We examine the reasoning of the judgment of the court below closely by comparing it with the records, and consider the following additional circumstances, it is justifiable to determine that the court below was not guilty of this part of the facts charged for the reasons stated in its holding.

First of all, the statements of the victim D are not consistent in the hospital on the day of the accident, in the police station after three days of the accident, and in the court of original instance, the statements in the court of original instance fall in entertainment.

In the trial of the party, the victim lent money to the defendant and set up a collateral for the taxi owned by the defendant, and the first time is to prevent the defendant from paying the money if the defendant's taxi license was revoked due to the instant accident, but the victim stated that he was able to hear warning that he was unable to make a false statement from the employees of the Medical Insurance Corporation located in the hospital, and that he was able to write down his clothes in the tea. However, the victim's statement was not consistent from the emergency room to the emergency room, and it is difficult to understand the defendant's cancellation of the taxi license immediately after the accident and make a false statement.

In addition, the victim did not explain the reason that he could be a critical evidence of the instant accident in the trial.

In addition, the injury suffered by the victim was the left shoulder, the left part of the arms, the left part of the knick, the left part of the knick, the right knick, and the right knick. In light of the damaged part, it is difficult to regard such a hole as the injury suffered by being towed into the knick.

B. On the other hand, the prosecutor.