The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant, under the influence of alcohol, misunderstanding the fact, was set up on the roadside.

The three vehicles were parked in order without checking the situation of damage, while leaving the site. If the defendant directly confirmed the vehicle immediately after the accident, the vehicle stopped among the three vehicles.

E Twork XG vehicles could have known the fact that the victim G and H were on board, and further, the above Twork XG vehicles were on board at the time of the operation of the city and were on the operation of the road in a flash. Therefore, the Defendant was aware of the fact that the above victims were on board in the process of receiving the damaged vehicle in turn.

Therefore, the intention of escape is recognized.

B. The sentence sentenced by the lower court (one million won in penalty) is too uneased and unfair.

2. Determination

A. The prosecutor's appeal concerning the assertion of mistake of facts is that the defendant had an intention to commit a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle), and the court below determined that the defendant had no intention to flee by making a detailed determination on the ground that the defendant was not guilty.

A thorough review of the evidence duly adopted and examined by the court below in light of the records of this case is justified in the above judgment of the court below, and there is no violation of law by mistake of facts as alleged by the prosecutor.

B. The fact that the defendant recognized each of the crimes of this case except for the escape driving, and the circumstances taken into account by the court below (such as that the victim's injury is light, that the vehicle operated by the defendant was covered by the automobile comprehensive insurance, that there was no criminal history exceeding the fine against the defendant, and that there was no criminal history of the same kind of crime). The circumstances leading to each of the crimes of this case, the defendant's age, sexual conduct, and the circumstances after the crime, etc. are all the conditions of the sentencing indicated in the