The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant did not recognize the fact of the traffic accident at the time, the lower court found the Defendant guilty of the instant facts charged, the lower court erred by misapprehending the legal doctrine on the facts.

B. The lower court’s sentence (6 months of imprisonment and 2 years of suspended sentence) against an unfair defendant in sentencing is too unreasonable.

2. Determination

(a) Determination on the assertion of mistake of facts 1) The driver of a motor vehicle shall immediately stop the motor vehicle and take necessary measures, such as providing assistance to casualties, when he/she causes any death or injury to another person due to traffic, such as driving of the motor vehicle.

On July 2, 2015, the Defendant, at around 00:01 on July 2, 2015, driven the Erocketing taxi, discovered the victim H crossing the road, set the taxi, and reported that the victim passes the taxi while driving the G convenience store located in Busan Shipping Daegu F.

However, the Defendant did not immediately stop the taxi and take necessary measures, such as aiding the damaged person, even though the victim went beyond the center of the taxi and suffered serious injuries, such as cutting down the upper right of the taxi that started beyond the center of the taxi.

2) The lower court, based on the evidence adopted and examined, recognized the following circumstances and recognized that the victimized person was faced with the Defendant’s vehicle.

The decision was determined.

피해자가 만취하여 뒷문 손잡이를 잡으려 다가 중심을 잃고 피해자의 상체가 피고인의 차량 쪽으로 쏠린 점, 피해자의 체중이 75kg 가량인 점, 피해자의 상체가 피고인의 차량 쪽으로 쏠리는 순간 피고인의 차량이 출발하면서 그 반작용으로 인해 피해 자가 피고인의 차량 뒷문에 부딪히고 튕겨 나와 도로에 넘어지는 바람에 뇌를 다쳐 현재 의식 불명 상태인 점 등에 비추어 피해 자가 피고인의 차량에 충격하였을...