The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of all the circumstances revealed by the evidence submitted by the prosecutor of the fact-finding, the fact that the Defendant caused the instant accident and sustained the injury to the victim F, leaving the scene as a criminal intent of escape without proper relief measures can be sufficiently recognized.

Nevertheless, the judgment of the court below which dismissed the prosecution against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes due to the victim's failure to punish the victim, which affected the conclusion of the judgment by misunderstanding the fact.

B. The sentence of the lower court that is unfair in sentencing (two million won in penalty) is too uncomfortable and unfair.

2. Determination

A. The part of the prosecutor’s appeal as to the allegation of mistake of facts revealed the grounds of appeal as to the mistake of the above facts, namely, whether the defendant committed an offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (fugitive Vehicles) based on which the defendant left the scene of a traffic accident with the intention of escape was also controversial in the court below. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the court below determined that the above part of the charges

[The relevant legal principle] The phrase “when the driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the damaged person,” under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to a case where the driver of an accident runs away from the scene of accident before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person, while recognizing the fact that the injured person was killed and injured, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed. The purpose of Article 54(1) of the Road Traffic Act lies on the road.