The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (with regard to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)] ① The victim’s statement on the shock load is inconsistent at the time of investigation; ② the victim’s statement on the vehicle with the shock load is inconsistent with each other; ③ the victim’s statement on the vehicle with the shock load and shock; ③ the victim’s statement on the attitude immediately after the accident is inconsistent with the result of the verification of video products; ④ the statement on the diagnosis document and the part of the victim’s assertion are inconsistent; ⑤ the victim’s statement on the medical care hospital and the Health Insurance Corporation; ⑤ according to the results of inquiry about each fact-finding about the hospital

In light of the fact that it is difficult to see, it is difficult to believe that the statements of the victim as shown in this part of the facts charged are in trust.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of four million won) is too unreasonable.

2. Determination

A. In light of the reasoning of the judgment of the court of first instance and the evidence duly examined by the court of first instance as to the assertion of mistake of facts, the first instance judgment on the credibility of the statement made by the witness of the court of first instance was clearly erroneous in the determination.

Unless there are extenuating circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance trial is significantly unfair, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance trial is different from the appellate court’s judgment (Supreme Court Decisions 2017Do71 Decided March 29, 2018; 2008Do7917 Decided January 30, 2009).