The defendant's appeal is dismissed.

1. The summary of the grounds for appeal did not recognize the occurrence of an accident, and there was no intention to escape, and the injury suffered by the victim at the time of the accident was a minor injury and there was no need to take relief measures.

The sentence of the lower court (eight months of imprisonment, two years of suspended execution) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that the degree of perception of the fact that the victim suffered the death or injury due to an accident under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is sufficient to

(See Supreme Court Decision 9Do5023 delivered on March 28, 2000, etc.). Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, it is recognized that the Defendant had an intention to recognize and escape from the occurrence of a marina accident, at least the victim’s injury.

① In light of the damaged state of a damaged vehicle caused by the instant accident, it appears that the shock level caused by the instant accident was very significant, and thus, it was difficult for the Defendant to have failed to recognize the shock or accident.

② The Defendant, immediately after the accident, operated a sudden direction or followed a bracking, is in accord with the empirical rule to view it as an action after recognizing the shock with the victimized vehicle.

③ After the instant accident, the Defendant: (a) 300 meters away from the instant accident; and (b) f of the towing vehicle engineer F and CCTV images, the Defendant appears to have been able to walk immediately after the instant accident.

B. The legislative intent of the provision on the aggravated punishment of an escape vehicle driver as provided in Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes is to determine the assertion that it was an unnecessary injury.