The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. (1) Defendant (1) misunderstanding of facts and misunderstanding of legal principles are found guilty of the facts charged in this case, and the court below erred by misapprehending the legal principles on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, thereby affecting the conclusion of the judgment, since the court below found Defendant D guilty of the facts charged in this case, by misapprehending the legal principles on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and by misapprehending the legal principles.

(2) The sentence imposed by the lower court (two years of suspended sentence for six months of imprisonment, and probation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Determination of mistake of facts and misapprehension of legal principles by the defendant (1) "when the driver of an accident runs away without taking measures as provided in Article 54 (1) of the Road Traffic Act, such as aiding the victim, etc." as provided in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to a case where the driver of an accident stops immediately and relieves the victim of the accident without taking measures as provided in Article 54 (1) of the Road Traffic Act, such as aiding the victim, although he knows the fact that the victim was killed due to the accident, and brings about a situation where it is impossible to determine who caused the accident by leaving the accident site. Thus, if the driver of the accident was aware of the fact that the victim was killed due to the accident, but escaped from the accident site prior to performing the duty as provided in Article 54 (1) of the Road