The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Although the victim of mistake of fact or misapprehension of legal principles is highly likely to have already died before the victim was shocked due to a fatal injury caused by A at the time of the instant accident, the court below found the Defendant guilty of this part of the facts charged without clear proof of the existence of the victim, which erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

The accident site of this case is a narrow sloping road of the first line where street lights are not installed. At the time of this case, there was a low-time situation around the road. However, it is difficult to see that the defendant had a duty of care to prepare and drive a person on the road, and it is difficult to see that the defendant has a duty of care to prepare for it. However, the judgment of the court below which found the defendant's negligence on duty and convicted the defendant of this part of the facts charged, by misunderstanding the facts or

The defendant thought that the body of wild animals was overfashed at the time of facing the victim, and did not think that the defendant had been shocked, and proceeded as it was, and it is difficult to see that the defendant had an intent to flee without recognizing that he had shocked a person. However, the judgment of the court below convicting the defendant of this part of the facts charged, which erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

The sentence of unfair sentencing (two years and six months of imprisonment, and three years of suspended execution) is too unreasonable.

After the remand of the case, the prosecutor applied for changes in indictment to add the same contents as the “preliminary charges” and the applicable provisions of Article 148 and Article 54(1) of the Road Traffic Act, while maintaining the first facts charged as the primary facts charged at the trial after the remand of the case, and the same is subject to the trial by this court.