The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant is the victim of a traffic accident rather than the victim of the instant accident, because the instant accident occurred due to the violation of the victim’s duty of excessive speed and the duty of charging attention, such as not being aware that the Defendant’s vehicle was operating a vehicle without complying with the restricted speed and not avoiding the change of the vehicle.

There was no need to take relief measures because the victim was injured to the extent that it is necessary to take emergency measures due to the accident of this case.

In addition, since the defendant was making a large amount of rain at the time, there was no intention to commit the crime of escape because the defendant had to reach an agreement on the accident with the victim at a place where the expense can be avoided.

Nevertheless, the judgment of the court below which found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in this case is erroneous and adversely affected by the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In light of the legislative intent and legal interest and protection of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148 of the Road Traffic Act as to the assertion of mistake of facts, in a case where it is not acknowledged that the accident driver required to take measures under Article 54(1) of the Road Traffic Act, such as the actual rescue of the victim, in light of the details and contents of the accident, the victim’s age and degree of injury, the circumstances after the accident, etc., even if the accident driver leaves the place of the accident without taking measures such as aiding the victim, the accident driver does not take measures such as aiding the victim, and the crime of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes or the crime of Article 148 of the Road Traffic Act is not established. However, the necessity and degree of the accident