A. The judgment of the court below which found the defendant guilty of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) shall not be deemed to have suffered bodily injury due to misunderstanding of facts and misapprehension of legal principles, and it shall not be deemed that there was an objective situation to prevent and eliminate traffic hazards and obstacles.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances that can be recognized by the first instance court and the lower court’s duly adopted and investigated evidence regarding the assertion of mistake of facts and misapprehension of legal principles, it is reasonable to deem that the victims suffered injury as provided in the Criminal Act due to the instant accident, and that there was a traffic hazard and impediment.

① 피해자 F은 수사기관 및 원심 법정에서 ‘피고인의 차량이 신호대기 중이던 피해자 F의 택시를 “쾅”소리가 들리도록 들이받았고, 그로 인하여 차가 앞으로 약간 밀렸다’고 진술하였고, 피해자 H도 원심 법정에서 ‘사고 당시의 충격으로 몸이 뒤로 확 젖혀질 정도였고, 그로 인해 무릎이 앞쪽에 부딪혔다’고 진술하였다.

In light of the impact of the accident caused by the victims, the image of the video recording site of the damaged vehicle is consistent with the degree of the image of the accident caused by the victims, and considering the damaged vehicle and the photographs of the damaged vehicle, the shock caused by the instant traffic accident seems to have been reasonable.

② The victim F was actually hospitalized due to the instant traffic accident, and the medical certificate issued by the victim F was issued by the victim F, the result of the diagnosis conducted by the hospital on November 16, 2015, on the day when the instant traffic accident occurred, the victim F was diagnosed by the hospital on November 16, 2015.