The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles [the point of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of violation of the Act and the violation of the Road Traffic Act (the measures not to be taken after an accident)] were concealed by the defect in the operation of the brake device at the time of the instant case, there was no occupational negligence, and there was no intention to escape without taking necessary measures such as aiding victims as resolving the phenomenon of the accident, not leaving the scene of the accident for the purpose of escape. Furthermore, the Defendant attempted to take relief measures against the victims.

Even if the defendant left the scene of an accident without a relief measure, it is not necessary to take relief measures by the defendant in this case.

Nevertheless, the judgment of the court below that recognized the defendant as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (the act of failing to take measures after an accident) is erroneous or erroneous, which affected the conclusion

2) The sentence of the lower court’s improper sentencing (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. 1) The defendant and his defense counsel argued that the accident in this case occurred due to the defect of the defendant's vehicle or an accident caused by a sudden exhaustion or malfunction, etc., and that the defendant did not have an intention to flee. The court below stated that the defendant did not have an intention to commit an occupational negligence or escape due to the occurrence of the accident. In light of these circumstances, the court below stated that each accident in this case occurred due to the defendant's negligence, and the defendant left the scene with the intention to flee with the intention to flee after the occurrence of the accident in this case.

recognized;