The defendant's appeal is dismissed.

1. In light of the fact that the victim had already sustained ebrate ebrate disease at the time of the instant accident, the victim suffered injury under the Criminal Act due to the instant traffic accident.

It shall not be readily concluded.

B. After the instant traffic accident, the Defendant did not leave the scene of the accident due to the criminal intent of escape.

Nevertheless, the lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles). In so doing, the lower court erred by misapprehending the legal doctrine.

2. Determination

가. 이 사건 교통사고로 인하여 피해자가 상해를 입었는지 여부 우선 2016. 12. 30. G 병원에서 촬영된 피해자에 대한 방사선 영상 판독 결과에 의하면, 피해자의 경추 부에 경한 후만 증( 後彎症, 후방으로 굽어 있는 증상) 등이 발견된 사실은 인정된다.

However, the court below may find out various circumstances based on the evidence duly adopted and investigated by the court below, i.e., ① the victim’s vehicle parked in G hospital on December 30, 2016, i.e., the victim’s vehicle driven behind the Defendant’s vehicle, with a view to the degree of shocking, and the degree of shocking, ii) the victim was faced with the left side of his head immediately before and after the accident : the victim was exposed to less than the body; ③ the victim was at a low speed and narrow speed, i.e., the traffic accident of this case (as of December 29, 2016, 201), i.e., the victim applied for the instant traffic accident to G Hospital on December 30, 2016, i.e., the victim was subject to investigation by the Defendant’s head, skin, scambling, and knethic kneegic kne during four times from that time to February 8, 2017.