The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant did not recognize the occurrence of the instant accident, it does not constitute an escape.

B. The sentencing of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts refers to a case where the driver of an accident runs away from the scene of the accident before performing the duty under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person despite the awareness of the fact that the injured person was injured, and brings about a situation where it is impossible to confirm who caused the accident as to who caused the accident (see Supreme Court Decision 2004Do250, Mar. 12, 2004, etc.). Here, the degree of awareness about the fact that the injured person was injured by the accident does not necessarily require confirmation but does not require do so, and if it is possible that the injured person was aware that he was injured by the accident, it is sufficient to recognize the fact that the injured person was injured by the accident, while leaving the scene of the accident, if he was aware of the possibility that the injured person was injured by the accident.

In determining whether a driver of an accident has left the scene of an accident with the criminal intent of escape before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding a victim, etc. (see Supreme Court Decision 2010Do13091, Apr. 28, 201). According to the evidence examined by the lower court, the following facts should be reasonably determined by comprehensively taking into account the details and contents of the accident, the degree of injury inflicted on the victim, the degree of negligence inflicted on the driver of the accident, the age and gender of the driver of the accident and the victim, the circumstances after the accident (see Supreme Court Decision 2012Do9697, May 28, 2015, etc.).