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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of an accident by mistake of facts or misapprehension of legal principles, the Defendant’s driver’s vehicle (hereinafter “Defendant’s vehicle”) and the victim’s driver’s vehicle (hereinafter “victim’s vehicle”) did not have a strong collision, and the accident location in this case took the hand to turn to the left at the driverD of the victimized vehicle because the vehicle’s traffic volume was high so that it could not immediately stop.
There is no intention to escape from the defendant because the damaged vehicle was not erroneous in the damaged vehicle, and there was no intention to escape.
B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.
2. Determination
A. Determination of misunderstanding of facts or misapprehension of the legal principles as to the assertion of facts 1) The phrase “the case where the driver of an accident runs away without taking the measures under Article 54(1) of the Road Traffic Act, such as aiding the victim, etc.” under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of an accident stops immediately and relieves the victim of the accident without taking the measures under Article 54(1) of the Road Traffic Act, such as aiding the victim, although he knows the fact that the victim was killed due to the accident, and brings about a situation where it is impossible to determine who caused the accident by leaving the accident place. 2) The following facts and circumstances recognized by the evidence duly adopted and investigated by the court below, i.e., (i) the back part of the damaged vehicle (hurd vehicle) under the same direction while proceeding in one lane, and the situation of the accident in this case, the degree of damage caused by the motor vehicle and the driver of the damaged vehicle.