A. The accident of mistake of facts or misunderstanding of legal principles is more than the victim D's negligence than the victim, and the defendant actually is the victim, and the defendant took necessary measures after the accident of this case by having his spouse K contact with the insurance company after the accident of this case and taking necessary measures at the insurance company, and thus, the court below found the defendant guilty of the facts charged of this case. Thus, the court below erred in the misapprehension of legal principles as to the crime of violation of the Road Traffic Act (not taking corrective measures after

B. In light of the above circumstances of unreasonable sentencing and the fact that the amount of damage on the victimized vehicle is merely KRW 1,622,00 and the Defendant’s negligence on the instant accident computed by the insurance company is 20%, the sentence (fine 3 million won) imposed by the lower court is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the purport of Article 54(1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles occurring on the road, not to restore damage to the victim. In this case, measures to be taken by the driver should be appropriately taken according to the specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures ordinarily required in light of sound cultivation.

I would like to say.

(See Supreme Court Decision 2009Do787 Decided May 14, 2009, etc.). Meanwhile, the duty to take relief measures and duty to report when a traffic accident occurred under Article 54(1) and (2) of the Road Traffic Act is to promptly take necessary measures, such as aiding and abetting the driver, etc. of the vehicle in the event of death or injury of people or damage to the goods due to the traffic of the vehicle, and to promptly take necessary measures, such as aiding and abetting the occurrence of the traffic accident, and to promptly notify the police officer of the occurrence of the traffic accident,