A. Defendant 1) misunderstanding of facts: (a) the Defendant did not have an intention to flee because he was unable to recognize the fact of the instant accident itself at the time of the instant accident; (b) the Defendant was in a drunk driving at the time of the accident, and did not fully recognize the occurrence of the instant accident, as in the instant case, in the situation where the Defendant was in a drunk weather. After the accident, the Defendant began to stop after the victim’s vehicle sent a signal; (c) but the Defendant was forced to stop (460 meters) and attempted to flee in order to prevent the sudden accident; (b) the instant accident was an even in contact with the vehicle after the aftermath of the accident, so it is difficult to recognize causation between the accident and the victim’s injury, or it cannot be evaluated as an injury under the Criminal Act because the degree of the injury of the victims is so minor that the injury of the victims can be naturally cured; and (d) was excessive to the extent that there was no causal relation with the vehicle repair cost estimate submitted by the victims.

B. The prosecutor (e.g., a fine of 5 million won) sentenced by the court below is too uneased and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. In cases where, even though the driver of an accident aware of the fact that the victim was killed or injured due to an accident, immediately stops the scene of the accident before taking necessary measures, such as aiding the victim, and brings about a situation in which the identity of the person who caused the accident cannot be confirmed, such circumstance constitutes “a case where the driver runs away without taking necessary measures under Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as aiding the victim, etc.”

In this case, the degree of perception of the fact that the victim suffered the death is not necessarily definite.