The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although the victim was not injured due to a traffic accident caused by mistake of facts or misunderstanding of legal principles (hereinafter “instant accident”), the lower court convicted this part of the facts charged. In so doing, the lower court erred by misapprehending the legal principles or misunderstanding of facts.

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

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in this part is that the Defendant is a driver of QM5 car.

On July 30, 2018, the Defendant, at around 22:40, was driving the said vehicle on the front side of the D Elementary School located in Gwangju Mine District C as a duty and was waiting for the signal to proceed from the front side of the E Hospital.

At this time, the defendant has a duty of care to operate the steering and steering system accurately and safely.

Nevertheless, the Defendant was negligent in putting back back a back-to-underline with no intention, and caused the Defendant to go behind the vehicle.

Ultimately, the Defendant left the vehicle behind due to the above occupational negligence and escaped without taking measures, such as providing relief to the victim, while the Defendant was faced with the part behind the Defendant’s vehicle and the part behind the Defendant’s vehicle in front of the GM5 car, resulting in an injury to the victim due to the treatment days.

B. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim,” refers to a case where the driver of an accident, despite his knowledge of the fact that the victim was killed due to an accident, leaving the scene of the accident before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, causes a situation in which it is impossible to determine

Therefore, the above.