특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. As to the vehicle that was found not guilty of the reasons in the lower court’s judgment on the summary of the grounds for appeal, the lower court found the victim not guilty of the facts in the lower judgment, even though it could be found that the damaged person suffered “injury” under the Criminal Act due to an accident.
2. In light of the following circumstances acknowledged based on the evidence duly adopted and examined, the lower court determined that the victimized person suffered the “injury” under the Criminal Act only by the evidence submitted by the prosecutor, based on the evidence duly adopted and examined by the prosecutor.
In this case, the prosecutor's assertion of mistake is without merit since the court's determination of the court below is reasonable even if all of the above evidence was examined in the trial.
① The victim stated in the investigative agency to the effect that his/her injury is to the extent that it does not interfere with daily life and that his/her mental stress is high, and the court below made a statement to the effect that there was no inconvenience on the part of the victim in the court below, but actually did not feel hump or pain, and that he/she received a large amount of mental stress, it does not seem that the victim was directly injured.
② The diagnosis of the victim is not conducted through the inspection, but is deemed to have been made based on the victim’s statement of appeal for pain.
③ Although a flag flag was flaged on the side of a damaged vehicle due to the instant accident, the degree of shock at the time was considerable since the external shape of the vehicle was not damaged.
It is difficult to see it.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.