All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The injured person suffered by the defendant (a factual error or misunderstanding of legal principles) is a part outside the part of the defendant's driving in order to let the defendant build the defendant, so there is no negligence on the part of the defendant.

In addition, the place where the victim was injured by the defendant's Otoba that was driven by the defendant is located in the apartment complex, and it is not a road under the Road Traffic Act that is provided for the passage of many unspecified water.

Therefore, there is no room for the defendant to establish the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) premised on the occurrence of the duty to take measures

Therefore, the judgment of the court below which found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the ancillary charge, erred by misapprehending the legal principles.

B. The prosecutor (as to the acquittal portion and the primary facts charged), the defendant seems to have been punished by a trial expense with the husband of the victim, and was in an unexpected emotional condition with the victim. Although the victim expressed his/her son and her stop, the victim was directly driving away without reducing or changing the direction of the injury, it can be sufficiently recognized that there was an incomplete intention of the injury.

Therefore, the judgment of the court below which acquitted the defendant of special injury, which is the primary charge, on the ground that it cannot be deemed that the defendant was proved that he was the victim by the intention to make the victim injured, is erroneous in the misapprehension of facts, and affected the conclusion

B. The sentence imposed by the court below on the defendant (a fine of 15 million won) is too uneasible and unfair.

2. Determination

A. Judgment on the Defendant’s assertion of mistake of facts or misapprehension of legal principles (preliminary charges) and the defense counsel.