The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. In light of the fact that at the time of the instant accident by mistake of fact, the victim G had no abnormal credit, and did not appeal the pain, and that the taxi driven by G was not a passenger of the taxi driven by G, the injury suffered by the victim G does not constitute the injury provided for in Article 5-3(1)2 of the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment (hereinafter “Specific Crimes Aggravated Punishment Act”).

B. The punishment sentenced by the lower court (an amount of eight million won) is too unreasonable.

2. Determination

A. In order to establish a crime of escape driving as stipulated in Article 5-3(1) of the Specific Crimes Aggravated Punishment Act regarding the assertion of mistake of facts, the occurrence of the result of ideas by the victim should occur. Annoyingingingly, to the extent that the crime of escape cannot be assessed as “injury” as stipulated in Article 257(1) of the Criminal Act, is no need for treatment as an upper state, and thus, it thereby infringes on health conditions.

In a case where it is difficult to see that the crime of escape under this Article is not established (see, e.g., Supreme Court Decisions 97Do2396, Dec. 12, 1997; 2001Do3000, Sept. 24, 2002). However, in light of the following facts and circumstances acknowledged by evidence duly adopted and investigated by the lower court, the degree of damage suffered by the victim G is insignificant, but the degree of damage suffered by the victim’s G is insignificant, because it infringes on the health condition or damages the physiological function of the body, and thus, constitutes injury as prescribed by the said provision.

① On July 2, 2015, G was diagnosed by the doctor in charge as requiring a stable medical treatment and treatment for approximately three-day period of time due to the climatic base and tension, following the instant accident. G was hospitalized to receive physical treatment and pharmacologic treatment for eight-9 days.

(2) While driving a two-lane, the Defendant is driving on the left side of the driver’s vehicle (from the front wheel to the bottom of the driver’s seat).