The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant: (a) was under the influence of alcohol at the time of the instant accident; and (b) did not recognize that the instant accident was shocked, and did not have been aware that he had shocked the victim.

After causing the instant accident, the Defendant stopped only about 280 meters in the scene of the accident and stopped. At the time, the speed of the Defendant’s vehicle was relatively rapid, and the driving distance was the minimum distance necessary for stopping.

The Defendant was driving again the Defendant’s vehicle stopped, or was seated out of the vehicle without being able to avoid one’s own contact.

Defendant

Vehicles are destroyed by the shock of the instant accident, and speeded lighting is separated, such as the left-hand wheel, and it is impossible to drive the wheels, and the driving function of the vehicle itself is lost, and it was physically impossible for the Defendant to flee in a state where operation is impossible.

In light of such circumstances, the Defendant did not leave the scene of the accident even though he/she was aware that the victim was killed at the time of the instant accident, and the evidence submitted by the prosecutor alone did not prove that the Defendant left the scene of the accident with the criminal intent of escape.

On the contrary, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The punishment of the lower court (five years of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts 1) The phrase “a case where a victim runs away without taking measures pursuant to Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) refers to providing relief to the victim, even though the driver of the accident knows that the victim was killed due to the accident.