The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not have the intention to escape from mistake, and the victims did not have any injury under the Criminal Act, and since the damaged vehicle was left at the same time after the accident, the crime of violation of the Road Traffic Act is not established.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following facts and circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court, it is determined that the Defendant had an intention to flee at the time.

① Even if there was no trace of a large-scale accident on the vehicle of the Defendant, even though the Defendant was negligent by the Defendant’s obvious negligence, while driving at a rapid speed of the damaged vehicle, and the shock of the damaged vehicle could not be measured well, the Defendant was obligated to wait or report to the police for a sufficient time to the extent that the victim could turn back to the place where the accident occurred.

Nevertheless, the Defendant left the scene of the accident without waiting for the victim for a long time and without reporting to the police.

Thus, the defendant did not take necessary measures after the traffic accident, and the defendant had the intention to escape from the scene of the accident without taking necessary measures.

② Since all crimes are not caused due to drinking or insurance processing, it is difficult to view that the defendant was not driving under the influence of alcohol or driving under the influence of alcohol, and even if it was covered by a comprehensive insurance, it is difficult to deem that the defendant did not intend to flee solely on such fact.

B. In full view of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court, the victims shall be punished by the Criminal Act.