A. In fact, the Defendant, after the instant accident, did not immediately stop the place of the accident, immediately after the occurrence of the accident, and continued to stop on Tolart, which was a safe place from an expressway with the risk of the second accident, to deal with the instant accident. Therefore, the Defendant did not have any criminal intent to escape.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of 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, the following circumstances revealed by the evidence duly adopted and investigated by the court below, namely, ① the defendant changed the car line to the vehicle driven by the victim D while driving on the expressway of this case, ② the victim D used emergency, etc. immediately after the accident of this case, and moved his vehicle to the right side, and ③ the defendant started driving the vehicle by again raising the speed of the vehicle, driving the vehicle over 1,2 lanes, and passing over the other vehicles, and the victim D moved to the vehicle without approaching the vehicle number to the extent that the vehicle number can be confirmed, ④ the vehicle was reported to the investigation agency under the circumstance that the defendant moved to the right side of the expressway of this case, ④ the defendant was aware of the danger of driving the vehicle of this case, ⑤ the evidence that the defendant was aware of the danger of driving the vehicle of this case on the road of this case (the evidence of this case 68).