The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The instant accident of mistake of facts is an accident that has contacted the part between a sea-going vehicle and a damaged vehicle, and its shock is minor, and the victims suffered injury.

Considering the fact that it is difficult to deem that the victims’ or the victims’ injury has reached the degree of interfering with daily life, the victims’ injury diagnosis was issued after the occurrence of the instant accident even after the victims’ injury, the excessive cost of repairing the damaged vehicle was incurred in light of the circumstances of the accident, and the Defendant sent victims and vehicles to the road at the time of the instant accident to the outside of the road, and conversations was made, it cannot be deemed that the Defendant needed to rescue the victims at the time of the instant accident, and it is difficult to see that the Defendant has a criminal intent to escape.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

B. The lower court’s sentence of unreasonable sentencing (fines 7,00,000) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts

In light of the legislative intent of the provision on the aggravated punishment of an escape driver as prescribed in Article 5-3 and the protected legal interest thereof, in a case where it is deemed necessary for the accident driver to take the measures under Article 54 (1) of the Road Traffic Act, such as the actual rescue of the victim, etc., even if the accident driver leaves the place of accident without taking such measures as aiding the victim, it does not constitute a crime of violation of Article 5-3 (1) of the Aggravated Punishment Act. However, whether it was actually necessary to take such measures as aiding the victim, the details of the accident, and the age of the victim.