The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The instant traffic accident is a minor accident that is likely to be impulged by the victim vehicle following the accident, and thus, did not contain a flag on the road. Therefore, it was necessary for the Defendant to take measures to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles at the time of leaving the scene of the accident, because the traffic accident in this case was a minor accident that is likely to be flaged by the victim vehicle following the accident.

Although it is difficult to see this part of the facts charged, the court below found the defendant guilty. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence that the lower court rendered unfair sentencing (two years of imprisonment with prison labor for a period of eight months suspended sentence, forty hours of alcohol treatment lectures, forty hours of compliance driving lectures, and one hundred and twenty hours of community service) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The purport of Article 54(1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles on the road, and not to restore physical damage to the victim. In such cases, measures to be taken by the driver of an accident shall be appropriately taken according to the specific circumstances, such as the content of the accident and the degree of damage, and measures to the extent that is ordinarily required in light of sound cultivation (see, e.g., Supreme Court Decisions 2002Do2001, Jun. 28, 2002; 2012Do1414, Mar. 14, 2013; 2013Do1585, Feb. 27, 2014). The records reveal that the instant traffic accident did not cause damage to the Defendant’s vehicle (hereinafter referred to as “victim’s vehicle”) during the traffic signal in front of the victim’s vehicle.