1. All appeals filed by the defendant and prosecutor are dismissed;

2. The Defendant shall pay medical expenses of KRW 4,057,354 to the applicant for compensation.

1. Summary of grounds for appeal;

A. The sentence of the lower court (2 million won of a fine) is too heavy.

B. The lower court acquitted the Defendant of this part of the facts charged, although the Defendant driving a motor vehicle, which is a dangerous object of mistake of facts and misapprehension of the legal doctrine, and thereby inflicted injury on the victim as stated in the facts charged in the lower judgment. In so doing, the lower court erred by misapprehending the legal doctrine on “hazardous goods” under Article 3(1) of the Punishment

(2) The lower court’s sentence of unreasonable sentencing is too minor.

2. Determination

A. In a specific case where the determination of the prosecutor's assertion of mistake of facts and misapprehension of legal principles constitutes "hazardous goods" under Article 3 (1) of the Punishment of Violences, etc. Act, the determination should be made by whether the other party or a third party could feel a danger to human life or body when using the goods in light of social norms, and such determination criteria also apply to cases where the use of a motor vehicle causes harm to human life or body (see, e.g., Supreme Court Decision 2007Do3520, Mar. 26, 2009). According to the evidence duly adopted and investigated by the court below, (1) the defendant and the injured party were parked in India where they want to leave the scene while they were living, and (2) the victim later known that the defendant was under the age of the motor vehicle and sent the motor vehicle back to the driver's seat of the motor vehicle of this case, and (3) the victim was released from the road of this case to the left-hand side of the motor vehicle of this case.

(b).