The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. With regard to the fact of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case of mistake of facts, the phrase “abstinence of the prosecution and the prosecution” suffered by the victim of the instant traffic accident is extremely minor to the extent that it cannot be evaluated as an injury under the Criminal Act, and thus, it does not constitute an injury requiring relief measures.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts

"When the driver of an accident has escaped without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim" refers to cases where the driver of an accident, despite his knowledge of the fact that the victim was killed due to an accident, brings about a situation in which it is impossible to confirm who caused the accident as a person who left the scene of the accident before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim, etc.

Therefore, in order to establish the above crime of escape driving, the result of death and injury must arise to the victim, and annoying person to the extent that it cannot be assessed as “injury” under Article 257(1) of the Criminal Act is an upper state, and thus, in a case where it cannot be deemed that the above crime of escape driving infringed on the health condition, the above crime is not established.

On the other hand, in light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as provided in Article 5-3 of the Act and the protected legal interest thereof, if it is not deemed necessary to take measures under Article 54 (1) of the Road Traffic Act, such as the actual relief of a victim, the accident driver shall be the victim.