The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant alleged misunderstanding of facts and misapprehension of legal principles could not recognize, by his own negligence, the instant traffic accident even if there was no negligence.

After the accident in this case, the Defendant reported the accident to the police, etc. through H, and subsequently returned to the site of the accident after returning the vehicle of the Defendant located in the opposite direction of the vehicle that occurred to the vehicle in the opposite direction of the accident, and the police who was in the course of training the site of the accident requested the police to leave the site of the vehicle in the vicinity and moved to the place of the vehicle in the vicinity and parked.

Therefore, after the accident of this case occurred, the defendant had the intention to escape or had the act of escape.

shall not be deemed to exist.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment, and three years of suspended execution) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and misapprehension of the legal doctrine (1) refers to the case where the driver of an accident runs away from the scene before he/she performs his/her duty provided by Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “the Aggravated Punishment, etc.”) and runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the damaged person, although he/she was aware of the fact that the injured person was killed due to the accident, resulting in a situation in which it is impossible to determine who caused the accident as the person who caused the accident, by leaving the scene of the accident before performing his/her duty provided by Article 54(1)

The purpose of Article 54 (1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles on roads.