A. The place of the accident in this case of mistake of facts was a large volume of traffic, and there was no fugitives caused by an accident, and the Defendant only moved to a place to avoid obstructing traffic, and thus, there was no intention to escape, and a violation of the Road Traffic Act (measures to be taken after the accident) is not established.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment, two years of suspended sentence, and 40 hours of order to attend a compliance driving lecture) is too unreasonable.

2. Determination

A. "A mistake of facts" as provided in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to a case where the driver of an accident immediately stops and leaves the place of accident without taking measures as provided in Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim despite the victim's awareness of the fact that the victim was killed and injured, and brings about a situation in which it is impossible to identify the person who caused the accident. "The duty of the driver, etc. immediately stop after the traffic accident" provided in Article 54 (1) of the Road Traffic Act means the duty of the driver to immediately stop the accident unless there are circumstances such as the occurrence of traffic danger by immediately stopping the accident, and in determining whether the driver of the accident escaped from the scene as a criminal suspect before performing the duty as provided in Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim, the degree and degree of injury to the victim, the degree of health of the victim, the age of the driver suffering from the accident and the age of the victim, etc.