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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. After a misunderstanding of fact, the victim Ha lost the victim's behavior as a match to the defendant, and the victim thought that the degree of contact is unfilled and the victim did not leave the site, so there was no intention of escape.
B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.
2. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the Defendant was forced to go beyond the future by taking the victim’s bridge, etc. coming to the left side of the road in the direction of proceeding while driving the ice-type vehicle. The victim’s Ha, who was driving, is the victim’s fine by asking the victim’s condition.
In light of the circumstances and contents of the instant accident, the victim’s injury level and degree of the accident, circumstances after the accident, etc., there was a need to take relief measures against the victim, in light of the following: (a) the victim was diagnosed as knenee, knee, knee, knee, knee, fe, and other parts of the 2 weeks of care at the hospital; and (b) the victim was diagnosed as knee, knee, knee, fe, feas, feas, feas, feas, feas, feas, shoulder, shoulder, shoulder, feas, etc.; and (c) the victim was under medical treatment.
In light of the fact that the Defendant appeared to have been faced by the victim in the vehicle, the Defendant was able to anticipate that the victim suffered the injury, without confirming whether or not the victim suffered the injury from the vehicle, and on the other hand, did not take a minimum necessary measure, such as disclosing his identity in the process or not providing any data that can confirm his identity at any time.