The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the Defendant, by misapprehending the legal doctrine, did not stop the victim with his own vehicle and did so more than 250 meters. However, the Defendant returned to the scene of the accident and took relief measures to the scene immediately thereafter, and the Defendant’s act does not constitute escape under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”), and does not constitute a person who did not take measures at the time of the occurrence of a traffic accident under Article 54(1) of the Road Traffic Act.

Nevertheless, the court below rendered a guilty verdict against the defendant, which erred by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment.

B. Of the sentencing division, the sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The phrase “affort without taking any measure under Article 54(1) of the Road Traffic Act, such as aiding a damaged person” as prescribed by Article 5-3(1) of the Act refers to a case where the driver of an accident runs away from the scene of the accident before he/she performs his/her duty under Article 54(1) of the Road Traffic Act, such as aiding a injured person, although he/she knows that the injured person was killed or injured, resulting in unafford who caused the accident.

Therefore, the purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on roads to ensure safe and smooth traffic. In such a case, measures to be taken by a driver shall be appropriately taken according to specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures shall be the level ordinarily required in light of sound form, and such measures shall include the statement of identity of the driver of the accident to the person related to the traffic accident such as the victim or the police officer.

However, the above special circumstances are applicable.