A. In the event of the instant traffic accident, the Defendant was unable to recognize the occurrence of the traffic accident by force at the time of the instant traffic accident, and accordingly, the Defendant did not have intention to take measures after the escape and accident.

B. At the time of the instant case, the Defendant was in the habitual state of mental disorder.

C. In light of the circumstances such as the fact that the defendant is against drinking alcohol driving, the fact that there is no record of punishment, and the fact that he must support his family, the punishment of fines of KRW 6,00,000 imposed by the court below is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the defendant driven at a distance of 10km, but the defendant driven at a distance of 10km; (ii) the traffic accident in this case seems to have been a serious damage to the victim's automobile to the extent that it would have been reasonable for the defendant to have a sufficient degree; and (iii) the defendant's vehicle also turns on the right side while driving the vehicle due to the accident in this case; and (iv) it is difficult to deem that the defendant was not aware of such change of course, the defendant's escape and accident cannot be deemed to have had no intention to take measures after the accident, on the ground that it was a chronic condition. Therefore, this part of the defendant's assertion is without merit.

B. According to the records of mental disorder, even though the defendant was aware of drinking at the time of the crime of this case, in light of the circumstances leading to the crime, the means and methods of the crime, and other circumstances after the crime, the defendant does not seem to have the ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, this part of the defendant's assertion is without merit.

C. Taking into account the circumstances such as the Defendant’s agreement on unreasonable sentencing with the victim and the primary offender, the criminal intent is also considered.