The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) among the facts charged in the instant case, the lower court acquitted the victim on the ground that the evidence submitted by the prosecutor alone is insufficient to prove that the victim was injured due to the instant traffic accident, in light of the circumstances indicated in the record, such as the entrustment of appraisal by the Gwangju

However, there is no reason to suspect the credibility of the victim's statement, injury diagnosis certificate, etc. on the part of the victim, while the above appraisal commission lacks credibility because it did not take into account the specific circumstances at the time of the accident and the personal characteristics of the victim. Since the fact that the victim suffered injury due to the traffic accident of this case is acknowledged without reasonable doubt, there is an error of misunderstanding the facts of innocence part of the judgment below.

B. The lower court’s sentence of unreasonable sentencing (a fine of four million won) is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. In the relevant legal doctrine, the written injury diagnosis in a criminal case may serve as a significant evidence to prove the criminal facts of the defendant, along with the victim’s statement.

However, the existence of injury facts and causation should also be recognized to the extent that there is no reasonable doubt. Therefore, when there are circumstances to suspect objectivity and credibility of the injury diagnosis report, it should be very careful in determining the probative value.

In particular, when the medical possibility is issued only based on the victim's subjective appeal, etc. that the death diagnosis report mainly has paind, the date and time of the diagnosis shall be close to the time and time of the occurrence of the injury, and there is no circumstance to specifically doubt the credibility of the situation of the issuance of the injury, and the cause and circumstance of the injury claimed by the victim and the degree of the injury.