All appeals by the prosecutor and the defendant are dismissed.

1. Summary of grounds for appeal;

A. The sentence that the court below rendered by the prosecutor is too unhued and unfair.

B. The defendant's victim did not face the defendant's vehicle, and the victim only goes beyond the defendant's vehicle's play.

In light of the attitude of the victim and the degree of injury of the victim immediately after the accident, there was no need to take measures such as aiding the victim.

The lower court found the Defendant guilty of the facts charged in the instant case.

2. Determination

A. Judgment on the Defendant’s assertion of mistake of facts

Article 5-3(1) of the Road Traffic Act provides that “When the driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the victim, etc.” refers to a case where the driver of an accident does not take measures under Article 54(1) of the Road Traffic Act despite the victim’s awareness of the fact that he/she was killed due to the accident and brings about a situation in which the identity of the person who caused the accident can not be confirmed by leaving the accident site (see Supreme Court Decision 2005Do3605, Jan. 27, 2006). In light of the legislative intent and legal interest and protection of Article 5-3(1) of the Special Act and Article 148 of the Road Traffic Act, the details and contents of the accident, the victim’s age and degree of the injury, circumstances after the accident, etc., if it is deemed necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding the victim, and even if the accident does not take measures, the need to take place the accident.