A. The misunderstanding of the facts and legal principles did not take advantage of the Defendant’s taxi that the Defendant driven to the extent that it requires assistance at the time of getting on and off the taxi, and the Defendant did not fully recognize it.

In addition, the defendant was able to take measures against the victim by making a taxi in an emergency parking zone judged to be the most safe on the highway of this case due to the victim's level and strong demand, and after finding that the victim gets on the side of the expressway of this case, he was able to take measures against the victim by communicating to the Korean Road.

In light of this point, the defendant deserted the victim who needs assistance.

It can not be seen that the defendant had the intention to abandon the victim, and it can not be seen that the defendant had the intention to abandon the victim.

Even if the Defendant’s abandonment against the victim is recognized, the Defendant could not at all be anticipated that the victim would walk the side of the expressway in the reverse direction, and that the victim would die due to the shocking of the vehicle on the one-lane of the expressway where the instant accident occurred.

Nevertheless, the lower court found the Defendant guilty of the charge of death resulting from abandonment of this case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence of imprisonment with prison labor sentenced by the lower court is too unreasonable for one year and six months.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, in order to establish a crime of abandonment resulting in the death of a person by committing a simple abandonment of the relevant legal doctrine, a simple abandonment crime should first be established. Article 271(1) of the Criminal Act on the simple abandonment crime is legally or contractual obligation to protect a person who needs aid due to labor, disease, or other circumstances.