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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The injury suffered by a victim of misunderstanding of facts and misunderstanding of legal principles cannot be assessed as “injury” under the Criminal Act, and even if not, the degree of the injury is insignificant and the need for relief measures is not recognized, so the Defendant does not constitute a crime of violation of the Act on the Aggravated Punishment, etc
B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts and misapprehension of legal principles, the lower court determined that the Defendant could recognize the fact of inflicting bodily injury on the victim and the fact of violating the duty of rescue by the Defendant, in light of the following: (a) the weight of the vehicle driven by the Defendant at the time was considerable; and (b) the victim complained of and resisted against the injury immediately after the
The following circumstances duly explained by the court below, i.e., (i) the victim, after four days from the date of the accident, was 4 days from the date of the police investigation, was unable to accurately understand the damaged part at the time of being investigated by the police; (ii) the victim was making it difficult for the victim to accurately understand the damaged part at the time of being investigated by the police; and (iii) immediately after the accident, he/she was undergoing the procedure and continuing to be even more boldly.
‘The statement', ② According to the damaged parts photograph submitted by the victim, a hole of a golf hole size was filled on the left edge, etc. of the victim, ③ the victim was diagnosed by the left-hand part of the upper part requiring two weeks medical treatment in relation to the above upper part, and received water treatment at the hospital. ④ Even though the victim tolds the defendant that he was taken on the vehicle immediately after the accident, the defendant did not get off the vehicle and did not confirm the state of the victim, and then parked the vehicle in front of the police even though the victim reported to the police.