The judgment of the court below is reversed.

The sentence against the accused shall be seven million won.

The above fine shall be imposed on the defendant.

1. The main point of the grounds for appeal is that the injury inflicted on the victim is not caused by the instant accident, and thus cannot be applied to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination). Since the instant accident did not generate non-products on the road, and thus, there was no traffic danger and obstacle, the crime of violation of the Road Traffic Act (non-measures after the accident) is not established.

Nevertheless, the court below found the guilty guilty guilty and erred by misapprehending the legal principles.

2. Determination

A. As to the assertion on the part of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Domination), the following circumstances revealed by the court below and the evidence duly adopted and examined by the court below, namely, ① the victim was provided with medical treatment, such as satisfe chills and tensions, at the members of the Ompis, after the occurrence of the instant accident, and the victim was provided with medical treatment and prescribed on August 16, 2016, and on August 17, 2016, and on August 25, 2016, at the time of the instant accident. On the 17th of the same month, the above hospital issued a medical certificate to the effect that the victim was aware of the injury caused by the injury at the scene of the instant accident, as well as the victim’s intentional injury at the time of the instant accident, even if the damage was found to have been caused by the victim’s injury at the scene, and the victim could not have been aware of the injury at the scene of the instant accident (the victim’s injury).

Therefore, the judgment of the court below is just and there is a mistake of facts as alleged by the defendant.