A. Although misunderstanding of the facts and misapprehension of the legal principles acknowledged the fact that the defendant caused the instant traffic accident by negligence, the victim was injured in need of three weeks of medical treatment in light of the victim’s age, gender, circumstances after the accident, etc.

In light of various circumstances, the court below found the defendant guilty on the ground that the defendant did not have any intention to commit a crime at the time of leaving the scene, and there was an error of law by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and legal principles, “when the driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the damaged person,” refers to a situation in which it is impossible for the driver of an accident to confirm who left the scene and caused the accident to identify the person who caused the accident before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the injured person, although he/she recognizes the fact that the injured person was killed or injured. When determining whether the driver escaped from the scene of the accident before performing the above duty, the driver of the accident must comprehensively take into account the situation and degree of the accident, degree of the injured person’s negligence, degree of the driver’s age and gender, and circumstances after the accident (see, e.g., Supreme Court Decision 2012Do6477, Feb. 27, 2014).