The judgment of the court below is reversed.

Defendant shall be punished by a fine not exceeding five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the victim's injury caused by mistake of facts and misapprehension of legal principles is minor and thus it cannot be deemed that relief measures are necessary, the court below assessed the defendant's act of leaving the scene as escape and found the defendant guilty of this part of the facts charged. In so determining, the court below erred by misapprehending the legal principles

B. Even if the conviction of an unreasonable sentencing sentence is recognized, the sentence of imprisonment with prison labor for one year, two years of suspended sentence, probation, community service order 80 hours, 80 hours of order to attend a compliance driving lecture imposed by the court below is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles as to the assertion of misunderstanding of facts" under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where an accident driver does not take measures under Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim, but does not take measures under Article 54 (1) of the Road Traffic Act despite the victim's awareness of the fact that the victim was killed due to the accident, and brings about a situation in which it is impossible to confirm who caused the accident by leaving the accident place (see, e.g., Supreme Court Decision 2005Do3605, Jan. 27, 2006). In light of the legislative intent and legal interest of the above provision on the Aggravated Punishment, etc. of the fugitive Drivers, it is necessary to comprehensively determine whether an accident driver was in need of taking measures such as aiding and abetting the victim. However, it is not necessary to recognize the need to actively take emergency relief measures, such as granting the victim's responsibility for relief.