All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Since there was no awareness of the fact-misunderstanding and misunderstanding of the legal principles that the instant accident was very insignificant that there was no intention to flee, and the injury suffered by the victim cannot be deemed to constitute “injury” as it can be naturally cured. Thus, even if the Defendant had driven a dangerous vehicle or left the scene after an accident was under the influence of alcohol, there is no crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. (Aggravated Punishment, etc. of Specific Crimes) against the Defendant even though the Defendant was

2) The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, 40 hours of compliance instruction) is too unreasonable.

B. Prosecutor 1) The judgment of the court below which acquitted the Defendant of primary facts without recognizing 0.130% of the person who measured alcohol level among blood transfusion against the Defendant, was erroneous in the misapprehension of the legal principles and misapprehension of the legal principles.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. Determination as to the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) In light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as prescribed by Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) and the protection of such legal interests, etc., it was necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding a person who actually sustained damage, etc.

If it is not recognized, the driver of the accident shall not take measures, such as aiding the victim, but leave the place of the accident.

Even if there is a need to take measures such as aiding and abetting the injured party, it does not constitute a crime of violation of Article 5-3 (1) of the Act.