A. In the event of an accident, the Defendant left the vehicle immediately after the occurrence of the accident, was sentenced to fine for the victim, and the victim believed that he is fine for the victim, left the scene of the accident, and even if the victim did not have any intention to flee, the lower court convicted him of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts is based on the evidence duly adopted and investigated as follows: (i) the victim and his children were faced with a motor vehicle behind the operation of the defendant; (ii) the defendant could have sufficiently predicted the possibility of the occurrence of injury; and (iii) the defendant could not be aware of whether the accident occurred or not, although the accident of this case occurred in October, it was difficult for the victim to be aware of the injury due to the tension with the tension; (iii) the damage to the bones or surrounding land caused by the tension is difficult to be known externally; and (iv) the defendant did not fully mention the possibility of the injury to the victim in the process of the first accident, including the victim's name and contact, even though the accident occurred after the occurrence of the accident.