The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant was unaware of the occurrence of the instant traffic accident, there was no intention of escape.

The victims are diagnosed, but they do not fall under escape because they are minor because they do not need medical treatment.

The lower court found the Defendant guilty of the facts charged in the instant case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. Determination of the assertion of mistake of facts 1) The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”)

Article 5-3(1) of the Road Traffic Act provides that “When a driver of an accident runs away without taking a measure under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim,” the term “if the driver of an accident knows that the victim was killed and wounded,” refers to the case where the driver of an accident does not take a measure under Article 54(1) of the Road Traffic Act despite the victim’s awareness of the fact that the victim was killed and injured, and brings about a situation in which it is impossible to confirm who caused the accident. The degree of awareness of the fact that the victim was killed and injured is sufficient to do so. If the driver of the accident was able to confirm the fact easily if he was aware of the accident immediately after the accident, even though he was able to do so without taking such a measure, the driver of the accident is able to escape from the accident site without knowing the occurrence of the accident (see, e.g., Supreme Court Decision 2005Do3605, Jan. 27, 2006).