The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Fact-finding and misapprehension of legal principles that caused a traffic accident by neglecting the duty of care in the course of driving alcohol, but the court below found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the misapprehension of legal principles, even though the defendant did not intend to flee at all, left the scene of the accident with the aim of lowering the blood alcohol concentration on the defendant's vehicle (hereinafter "the vehicle in this case").

B. The lower court’s sentence of unreasonable sentencing (fine 7,00,000) is too unreasonable.

2. Determination:

A. As to the assertion of misunderstanding of facts and misapprehension of the legal principles, the phrase “when the driver runs away without taking such measures as provided in Article 54(1) of the Road Traffic Act, such as aiding the victim, etc.” as provided in Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of the accident deviates from the accident site before performing his duty as provided in Article 54(1) of the Road Traffic Act, such as aiding the victim, although he knew of the fact that the victim was killed or injured, and brings about the situation where the person who caused the accident cannot be confirmed. Article 148 of the Road Traffic Act also is established when the measures as provided in Article 54(1) of the Road Traffic Act are not implemented. The phrase “the driver, etc. who is to stop immediately after the traffic accident” as provided in Article 54(1) of the Road Traffic Act refers to the duty

(see, e.g., Supreme Court Decision 2007Do6300, Dec. 27, 2007). The following circumstances duly admitted and examined by the court below, i.e., the Defendant, while drinking.