The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. The Defendant did not recognize the fact that the first accident occurred, and reported 119 immediately after the accident, and did not leave the scene of the accident, such as dividing a witness’s dialogue with the police officer until the dispatch of the accident, and admitting the fact that the police officer reported 112 and reported 112, leaving the scene of the accident, and did not cause a situation where it is impossible to determine who caused the accident.

Nevertheless, the lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) among the facts charged in the instant case, erred by misapprehending the legal doctrine on “aggravated Punishment, etc. of Specific Crimes” provided in Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) and the legal doctrine

B. The defendant asserts that the punishment of the court below (two years of imprisonment) is too heavy, and the prosecutor argues that the punishment is too minor.

2. Determination:

A. As to the Defendant’s assertion of misapprehension of the legal doctrine, “the case where a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of an accident runs away from the scene prior to performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding a victim, although he/she was aware of the fact that the victim was killed or injured

In determining whether an accident driver has escaped from the scene as a criminal intent of escape before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding a victim, the details and contents of the accident, and the injury of the victim.