A defendant shall be punished by imprisonment for not less than eight months.

A. The judgment of the court below convicting the defendant of the facts charged of this case even though the defendant did not have an intention to flee because of the fact that the defendant caused a traffic accident and left the scene of the accident, but the situation of the victim was confirmed immediately after the accident, and the defendant's personal information, etc. can be confirmed on the vehicle left the scene, etc.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The phrase "the case where a driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes at the relevant legal principles" refers to the case where the driver of an accident does not take measures under Article 54 (1) of the Road Traffic Act despite his knowledge of the fact that the victim was injured due to an accident and brings about a situation where it is impossible to confirm who caused the accident. The measures under Article 54 (1) of the Road Traffic Act include the case where the driver of an accident does not take measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim or police officer, to identify the victim of the accident (see, e.g., Supreme Court Decision 2002Do5748, Mar. 25, 2003). In light of the legislative purport and legal interest of the provision on the aggravated punishment, etc. of the driver of an accident, even if the driver of the accident actually does not take measures such as the victim.