The judgment of the court below is reversed.

Defendant shall be punished by a fine not exceeding eight million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Fact-finding that the defendant left the scene after the occurrence of the instant traffic accident, but before leaving the scene, the defendant himself informed of the fact of the insurance company's accident, as well as the victim's notification of the receipt of insurance and confirmation of the departure of the insurance company's employee from the scene of the accident, so it is difficult

Although the court below found the defendant guilty of this part of the facts charged, the court below erred by misunderstanding the facts.

B. Recognition of guilty of unfair sentencing on the grounds of unfair sentencing

Even if the actual defendant completed the accident processing through the insurance that the defendant received and agreed separately with the victim, the punishment of 8 months of imprisonment with prison labor, 2 years of suspended execution, and 40 hours of the compliance driving lecture is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the phrase “when a driver runs away without taking the measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim,” under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of an accident does not take the “measures under Article 54(1) of the Road Traffic Act” despite the victim’s awareness of the fact that the victim was killed due to the accident and brings about a situation in which the identity of the person who caused the accident cannot be confirmed by leaving the accident place (see, e.g., Supreme Court Decision 2005Do3605, Jan. 27, 2006). In light of the legislative intent and legal interest of the above provision on the Aggravated Punishment, etc. of the fugitive Drivers, whether the driver of an accident actually needs to take the measures such as aiding and abetting the victim shall be determined by comprehensively taking into account the details and contents of the accident, the victim’s age and degree of the injury, and circumstances after the accident.