All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) The occurrence of the instant traffic accident was recognized by mistake and misunderstanding of the legal principles, but the Defendant was driving at the time and did not recognize the accident itself, and thus, the Defendant did not have any criminal intent to escape.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case or erred by misapprehending the legal doctrine.

(2) The sentence of the lower court (an amount of KRW 5 million) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly admitted and investigated by the lower court regarding the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine, i.e.,, E, the driver of the instant victimized vehicle, was to the extent that the shock caused by the instant accident is very high.

In full view of the facts consistently stated (Evidence 60 pages, trial records 36,38 pages), ② CCTV video CDs and CCTV video photographs (Evidence 13 pages), etc. taken on the face of the instant accident, the Defendant was unable to recognize the accident itself at the time of the instant accident, taking account of the following: (a) the degree of damage of the damaged vehicle (Evidence 11, 12 pages) and the degree of damage (Evidence 33, 34 pages) of the Defendant’s vehicle (Evidence 11, 12 pages); and (b) the Defendant’s failure to recognize the accident itself at the time of the instant accident.

It is difficult to see it.

Therefore, the defendant's above assertion is without merit.

B. Determination on the unfair argument of sentencing by the Defendant and the Prosecutor is an unfavorable circumstance to the Defendant, such as the fact that the Defendant, while driving at a stroke while causing an accident of collision with another person’s vehicle, left the scene without any measure, and the Defendant is disputing the criminal intent of the escape and does not seriously reflect on the instant crime.

However, the Defendant agreed smoothly with the victim.

The Defendant is an initial offender who has no criminal history.

(b) a damaged person;