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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the driver of the damaged vehicle consistently states the fact of damage, the fact that the driver of the damaged vehicle consistently visited the hospital on the day following the occurrence of the accident was hospitalized for three days by the doctor's recommendation, the fact that the medical treatment and stability of the damaged vehicle is required for two weeks, and that the damaged vehicle is shaking at the time of the accident, etc., it is sufficiently recognized that the driver of the damaged vehicle
Nevertheless, the court below rendered a not-guilty verdict on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury) on the ground that the injury is not recognized. The court below erred by misunderstanding facts or misapprehending legal principles
B. The sentence imposed by the court below on the defendant (the fine of KRW 10 million) is too unfeasible and unfair.
2. Determination
A. 1 The Defendant alleged that the traffic accident was insignificant and the same as the facts charged did not occur even in the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal principles.
In regard to this, the court below stated in the medical certificate the name of the "sacrife base and tensions", but on the other hand, although there were shocks on the damaged vehicles due to traffic accidents, the traffic accidents in this case remains only a minor contact. The traffic accidents in this case are merely a minor contact, the damaged vehicle driver and witness E, who are the victim vehicle and witness of the court below, visited the hospital at the time of the accident, and received a simple medical treatment at the time of the accident, and they were hospitalized to this extent to view the progress of physical treatment, but they did not have a big obstacle to life, and they were released from the police station as they had expressed to the doctor that they would have expressed to the mind that they might have been blick due to the shock of the accident, and the reasons for issuing the medical certificate."