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The prosecutor's appeal is dismissed.
Reasons
1. In light of the fact that most of the main points of the grounds of appeal are able to recover nature, and there is no circumstance to readily conclude that a medical certificate prepared by a doctor through a medical examination of the victim is false, the court below erred by misapprehending the facts or by misapprehending the legal principles, although it is sufficiently recognizable that the victim suffered injury.
2. Determination
A. On April 5, 2016, the summary of the facts charged in the instant case, the Defendant neglected his duty of care before and after the direction while driving bypassing the road in front of Chuncheon City, Chuncheon, by thoroughly neglecting his duty of care to safely operate the right and the right and the right and the right and wrong by neglecting his duty of care to safely operate the road before and after the direction of the course, and thereby neglecting the Defendant’s right and the victim’s shoulder, which requires approximately two weeks of medical treatment after the right side of the vehicle, sustained a shoulder and the sprink of the above arms, without taking relief measures, etc. immediately leaving the vehicle.
B. The lower court determined that the upper part of the victim’s wife did not constitute injury on the grounds as follows.
The decision was determined.
1) The Defendant’s vehicle seems not to rapidly proceed, and the victim, who is not the main body of the vehicle, she faced with the Defendant’s right arms on the front of the vehicle and after the front of the vehicle.
2) According to the statements made by the victim in an investigative agency, at least the victim thought that the accident was insignificant at the time of the accident, and the victim seems to have no special physical examination.
In addition, if (1) the victim's self-defluence, as the victim's police statement on April 6, 2016, 201, was 144.4.64.4.4.6, 2016, 17:5:01 on April 7, 201, 206, 17:5:01, and 2) the victim's medical record on the above-mentioned out-of-the-counter and the victim.