A. misunderstanding of facts or misunderstanding of legal principles as the Defendant provided contact information to the victim D and attempted to give credit card, so there was no awareness of escape. In light of the background of the instant accident and the degree of damage, it cannot be deemed that the victims suffered bodily injury. Since the Defendant did not recognize the victims’ injury, the Defendant did not constitute a crime of violation of the Act on the Aggravated Punishment of Specific Crimes (Aggravated Punishment of Specific Crimes) and of violation of the Road Traffic Act (U.S.) against the Defendant.

B. The lower court’s sentence of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. We examine the determination of the assertion of mistake of facts or misapprehension of legal principles, as the court below properly explained, ① there was no fact that the defendant asked the victim D or F at the time of the accident about whether he was arbitraried, or talked about the hospital (the trial record 32 pages, 36 pages), ② the defendant unilaterally divided conversations between victim D and accident settlement (the trial record 30 pages), ③ the victim D was hospitalized in this frame from June 7, 2012 to June 8, 2012 due to the instant accident (the trial record 51 pages), and the victim F was treated as the victim on June 7, 2012.

8. In full view of the following facts: (a) a prosecutor and a physical therapy (73 pages of the trial record); (b) a backer of the damaged vehicle of this case shows shakingsing to the extent of being identified with the surface (concept 11 of the investigation record); and (c) a repair cost of KRW 646,810 or the amount of the repair cost (incept 26 pages), etc., the Defendant left the scene of the accident without fulfilling the duty prescribed in Article 54(1) of the Road Traffic Act, such as aiding victims, even though the Defendant knew that the victims suffered bodily injury due to the instant accident, he/she went away from the scene of the accident.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case cannot be said to have erred by mistake or misapprehension of legal principles.

B. The Defendant shall be punished by a fine on the assertion of unfair sentencing.