The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not recognize the occurrence of a traffic accident as stated in the facts charged (hereinafter “instant traffic accident”), and instead moved about about 50 meters at the site of the instant traffic accident.

In light of the fact that the vehicle stops, the court below found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) among the facts charged although it cannot be deemed that the defendant had the intention of escape.

B. The lower court’s sentence of unreasonable sentencing (fines 5,00,000) is too unreasonable.

2. Determination

A. 1) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, it is reasonable to view that the defendant recognized the traffic accident of this case at the time. A) In light of the fact that the victim was seated with rhythm on the bicycle burial installed by viewing the vehicle of the defendant on the left side in the direction of the defendant's proceeding, street lights were turned back, and the head of the vehicle of the defendant was on the front part of the victim, the defendant could have sufficiently seen the victim who was on the left side of the direction of his proceeding.

B) In light of the driving seat of Defendant vehicle, at the time when the victim was shocked with the driver’s seat of the vehicle, the Defendant’s vehicle was also shakened on the left left and left, and the degree of damage to the bicycle on which the victim was aboard, etc., it is difficult to deem that the Defendant was unable to recognize the instant traffic accident. 2) Even though the Defendant was found to have stopped at a point less than about 30 to 50 meters away from the instant traffic accident site, the Defendant directly reported 112, and the Defendant stopped with the police officer dispatched after receiving the said report.