A. Error of facts and misapprehension of legal principles did not have intention to flee, and in light of the content of the accident, the victim cannot be deemed to have suffered injury to the extent that it is necessary to take relief measures under Article 54(1) of the Road Traffic Act.

Nevertheless, the court below convicted the defendant by misunderstanding facts or understanding the legal principles.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 3.5 million won) is too unreasonable.

2. Determination

A. The court below rejected the above assertion in detail under the title "the judgment on the argument of the defendant and his defense counsel" in the judgment of the court below on the same assertion as the grounds for appeal of this case. A thorough comparison with the above judgment of the court below with the records, the judgment of the court below is just and it is not erroneous in the misapprehension of legal principles as to the establishment of a crime of the Act on the Aggravated Punishment, etc. of Specific Crimes or by misunderstanding of facts against the rules of evidence or by misunderstanding of legal principles as to the establishment

Therefore, the defendant's assertion of mistake is not accepted.

B. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, criminal record, circumstances after the crime, and the motive and circumstance of the crime, etc., the Defendant’s allegation of unfair sentencing cannot be deemed unfair on the ground that the sentence imposed by the lower court is excessively unreasonable, and thus, the Defendant’s assertion of unfair sentencing cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.