The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, Article 156 subparag. 10 of the Road Traffic Act applies to the Defendant, as the Defendant was shocking a parked vehicle.

However, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment, since Article 148 and Article 54 (1) of the Road Traffic Act applies to the defendant.

B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the Road Traffic Act amended by Act No. 14356, Dec. 2, 2016, Article 148 “A person who fails to take measures at the time of the occurrence of a traffic accident under Article 54(1) (excluding a person who fails to provide personal information to the victim pursuant to Article 54(1)2, where it is evident that only a motor vehicle parked or stopped has been destroyed and damaged) shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 15 million won.

"A person who does not provide personal information to the victim pursuant to Article 54 (1) 2 in cases where it is evident that only a motor vehicle which has been parked in a state or stopped has been damaged" in Article 156 (10) 10 of the same Act shall be punished by a fine not exceeding 20,000 won, by penal detention, or by a minor fine.

“The provision was newly established.”

The purpose of the amendment of Article 148 of the Road Traffic Act and the new construction of Article 156 subparagraph 10 of the Road Traffic Act is to prevent and eliminate traffic hazards and obstacles, such as products, etc. caused by an accident that causes damage to a vehicle, if it is necessary to take measures to ensure smooth traffic by preventing and removing traffic hazards and obstacles, it may be punished as a crime of violating the Road Traffic Act (unnecessary measures after an accident). However, even though the damage of a motor vehicle which has been parked and stopped, it seems that there is no need to take measures to ensure smooth traffic because it does not occur and it is necessary to take measures to ensure smooth traffic.

According to the evidence duly adopted and examined by the court below, the defendant's vehicle was returned to the defendant's vehicle due to the accident in this case.