The defendant's appeal is dismissed.

A. The instant accident does not constitute an escape, inasmuch as the victim did not have any injury to the extent that it is necessary for the victim to take relief measures due to a minor accident that causes minor damage to the victim’s vehicle, and the fugitives did not fall on the road.

The court below found the defendant guilty of this part of the facts charged.

B. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.

2. Determination

A. Determination of the assertion of mistake of facts 1) The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”)

In light of the purpose of legislation and protected legal interests of Article 5-3(1) of the Road Traffic Act and Article 148 of the Road Traffic Act, in a case where it is deemed necessary for an accident driver to take measures under Article 54(1) of the Road Traffic Act, such as providing relief to the victim in fact, taking into account the details and contents of the accident, the age and degree of the victim, and the part and degree of the injury, circumstances after the accident, etc., the accident driver does not constitute a violation of Article 5-3(1) of the Act or Article 148 of the Road Traffic Act even if the accident driver actually left the place without taking measures such as providing relief to the victim. However, the existence of the need to take measures when the accident occurred shall be determined by taking into account the victim’s injury level, the contents and circumstances after the accident, the time and period of the treatment, the age of the victim after the accident, and the age and health condition of the victim. In large cases, the defendant did not have any opportunity to make a statement or at least it necessary to determine the status of the victim.