A. Since the place of accident of mistake of facts and misunderstanding of legal principles is a road in an apartment complex, each of the crimes of this case cannot be established because it does not constitute a road under the Road Traffic Act.

The defendant, immediately after the accident, after asking the victim about the state of his own car, tried to park again, and parked in a close place at the accident site.

However, because the body at the time was in a condition that it was impossible to hold the body at the time, it was not returned to the place of accident and became a house, so there was no intention of escape.

Although the victim was diagnosed by the victim, it does not constitute escape because it is merely the degree of loss.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by mistake or misapprehension of legal principles.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of the legal principles 1) The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) is deemed as follows.

Article 5-3(1) of the Road Traffic Act provides that a driver of the relevant vehicle who commits a crime under Article 268 of the Criminal Act by traffic of a motor vehicle, etc. under Article 2 of the Road Traffic Act shall be punished in cases where the driver of the relevant motor vehicle runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the victim. Article 2 Subparag. 26 of the Road Traffic Act provides that “driving” under Article 54(1) of the same Act includes the act of driving at a place other than the road. Whether the location of the instant accident falls under a road prescribed by the Road Traffic Act does not affect the establishment of the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes or the Act on the Aggravated Punishment, etc. of Road Traffic (hereinafter “Aggravated Measures”), such as aiding the victim under Article 54(1) of the Aggravated Punishment Act.