The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victims of misunderstanding of facts or misunderstanding of legal principles did not face the Defendant’s vehicle, and the victims merely go out of the Defendant’s play, and asked the victims whether they are fine or not, leaving the scene of the accident, and leaving the scene of the accident with the intention of escape.

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. 1) Determination of mistake of facts or misapprehension of the legal principle as to the assertion of facts means the case where the driver of an accident does not take measures under Article 54(1) of the Road Traffic Act such as aiding the victim, and runs away without taking measures under Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes despite the awareness of the fact that the victim was killed due to the accident and brings about a situation in which it is impossible to determine who caused the accident by leaving the place of accident without taking measures under Article 54(1) of the Road Traffic Act (see, e.g., Supreme Court Decision 2003Do373, Sept. 5, 2003). The degree of awareness of the fact that the victim was killed due to the accident is insufficient (see, e.g., Supreme Court Decision 2005Do3605, Jan. 27, 206). In light of the legislative purport of Article 5-3(1) of the Road Traffic Act and Article 148 of the Road Traffic Act, the victim’s age and degree of the accident.