교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The victims of a traffic accident have been injured due to the occurrence of a traffic accident, considering the fact that a collision occurred twice, the statement of the victims and the franchise vehicle of the gist of the grounds for appeal.
Recognized.
The judgment of the court below that found the defendant not guilty of the facts charged without recognizing the injury only on the basis of the Maddi appraisal modeling the average person as the model, is erroneous.
2. Determination
A. In full view of the evidence adopted by the lower court and the following circumstances admitted by the evidence submitted in the trial, the victims of the instant traffic accident are recognized as having been injured.
① Due to the instant traffic accident, there was a physical damage on vehicles on which victims were on board, such as repair costs of KRW 1,284,200 and low-priced vehicles for KRW 272,325, etc.
② The victim C received 14 times’ medical treatment for eight weeks after receiving the diagnosis of the scopical and scopical base, etc., and the victim G received 13 times’s medical treatment for five weeks after undergoing the diagnosis of the scopical base, and the victim E received 7 times’ medical treatment for three weeks after undergoing the diagnosis of the scopical base, and the victim H received 7 times’s medical treatment for four weeks after undergoing the diagnosis of the scopical and scopical base.
The victim G had a disc, etc., but it was caused by the instant traffic accident.
③ The National Institute of Scientific Investigation and Investigation reported that there was no significant physical change that may cause harm to the passengers of the damaged vehicle based on the records of accident investigation and the black image of the franchise vehicle, and the occurrence of the minor two or a temporary symptoms in this case is being caused within the number of days without special treatment.
The appraisal of the traffic accident (the traffic accident analysis appraisal report), however, the above appraisal does not reflect the specific circumstances of the traffic accident in this case and the personal characteristics such as the victims' attitude at the time of the accident.
(b) the defendant drives a vehicle and is on duty.