The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

except that from the date of this judgment.

1. Summary of grounds for appeal;

A. Defendant (1) In light of misunderstanding of facts and misapprehension of legal principles, there was no need to take relief measures because the degree of the accident was insignificant, and the Defendant, immediately after the accident in this case, told the victim to move the vehicle to his place of residence after the accident in this case, and left the scene of the accident, and there was no intention to commit an escape.

(2) The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for eight months of imprisonment, one hundred and twenty hours of community service, and forty hours of order to attend a law-abiding driving lecture) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by the lower court as to the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine, it is recognized that it was necessary to take relief measures against the Defendant. Nevertheless, as long as the Defendant left the scene of an accident without notifying the victim of his/her personal information, it is recognized that there was a criminal intent to flee against the Defendant.

Therefore, the judgment of the court below is just, and the defendant's assertion is without merit.

① After the instant accident, the Defendant left the scene of the accident at a considerable speed by bypassing the victim’s vehicle, once he/she was in front of the victim’s vehicle and gets out of the scene of the accident, even though he/she was going straight to the intersection.

Accordingly, I returned to the victim's vehicle that was parked in the vicinity of the accident site of this case, and notified the victim that the vehicle of this case is moving to the victim, and immediately started to attack the defendant, and the victim also concealed the defendant at a considerable speed after I's vehicle.

(2) The Defendant stops the vehicle on the alleyway where the vehicle has a sufficient space for parking and it is difficult to pass mutually, and the vehicle stops.