The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, without recognizing the occurrence of an accident, was driving without recognizing the occurrence of the accident, and thus, did not have the intent to commit a violation of the Road Traffic Act (not later than the accident).

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

2. Determination

A. Comprehensively taking account of the following circumstances, which can be acknowledged by evidence, such as black images of the damaged vehicle, as to the assertion of misunderstanding of facts, the Defendant may be deemed to have fleded with the vehicle, at least dolusent recognition of the fact that the vehicle was shocked by the vehicle following it, and thus, acceptable.

The defendant's assertion of facts cannot be accepted.

1) According to the circumstances at the time of shock: (a) According to the black image, the Defendant’s vehicle was waiting for signal at the intersection with the direction of left-hand direction, and the damaged vehicle stopped after the Defendant’s vehicle.

In addition, the Defendant’s vehicle was pushed down by the blass of the Defendant’s vehicle, and the blass immediately before the Defendant’s vehicle stops were turned on again.

② The Defendant stated that “At the time of the accident, the Defendant was in a state that there was no hindrance to driving, 4 hours prior to the accident, and that the vehicle was boomed to string, but did not feel any shock of the vehicle.”

③ 피해차량 운전자는 ‘ 쿵 하면서 차체가 약간 흔들릴 정도의 경미한 충격이 있었다’ 고 진술하고, 피해차량 동승자는 ‘ 쿵 하면서 사고가 났구나

Recognizing that there was a minor impulse to the degree of viewers.

④ According to the black image, the Defendant’s vehicle was shakened and the damaged vehicle was also shakened.

Defendant

When the driver of the vehicle takes the head between the driver's seat and the chief of the group, the driver's seat is the net driver's seat in which the ballate, etc. of the vehicle of the defendant is cut, the vehicle was pushed down, the balke, etc. is turned down, and the vehicle is turned down.