The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the place in which this case occurred is three-lane roads and passing by other vehicles; (b) the victim D avoided the Defendant’s vehicle operation; (c) the Defendant escaped even though the Defendant avoided the Defendant’s vehicle operation; and (d) the Defendant actually escaped while the secondary accident occurred, the Defendant took necessary measures under Article 54(1) of the Road Traffic Act.

The judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of facts.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is a person who is engaged in driving a car with C gender as a driver.

On June 21, 2015, the Defendant driven the above car at around 12:20 on June 21, 2015, and driven the three-lane of the road near the main construction distance in the opposite city of Boan-si, the Defendant driven the road at about 20km each hour from the north of the horizontal distance in the opposite city of Manan-si to the parallel of Dong Ambassador.

The location is adjacent to the private road crossing where signal lights are installed, and there are vehicles standing on the front side of the defendant in accordance with the signals of stop. In such cases, if there are vehicles waiting for signaling as well as vehicle driving service, the driver of the vehicle has a duty of care to accurately manipulate the brake system in advance and prevent collision with the front vehicle.

Nevertheless, due to negligence that the Defendant was unable to accurately operate the brakes, and did not stop immediately and check the degree of damage, and did not take necessary measures, such as reporting the occurrence of the accident, even though the Defendant was damaged by the lower part of the lower part of the franchise car driving by the victim D (58 tax) who is waiting at the second-lanes of the above fluse road, with the upper part of the lower part of the fluse car driving by the Defendant, and damaged the said fluse car in an amount equivalent to KRW 464,913, such as exchanging the fluse car, etc.