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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant was under the influence of alcohol at the time of the instant accident, and the degree of injury of the victims was insignificant, the victims were not aware of the fact that the victims suffered an injury due to a traffic accident, there was no intention to commit an escape.
B. The sentence of an unreasonable sentencing (eight months of imprisonment) by the lower court is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. "When the driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim or aiding the victim," under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of an accident stops immediately and leaves the scene of the accident without taking measures under Article 54 (1) of the Road Traffic Act such as aiding the victim although he/she knew of the fact that the victim was killed due to the accident, and brings about a situation where the identity of the person who caused the accident cannot be confirmed, such as aiding the victim, even though he/she knew of the fact that the victim was killed or wounded, if the driver of the accident runs away from the scene before he/she performs his/her duty under Article 54 (1) of the Road Traffic Act such as aiding the victim, etc.
(1) In light of the aforementioned legal principles, the court below’s determination as to whether the victim was in need of relief ought to be made by comprehensively taking account of the following factors: (a) the course and content of the accident; (b) the victim’s age and degree of injury; and (c) the circumstances following the accident; and (d) the victim’s age and degree of injury; and (e) the circumstances following the accident.
(See Supreme Court Decision 2008Do1339 Decided July 10, 2008). B.
In light of the above legal principles, it is based on the evidence duly adopted and examined by the Health Team, the lower court, and the first instance court.