The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the victim was actually receiving hospital treatment after the instant accident, and the degree of damage to the victim’s vehicle (270 million won), the accident cannot be deemed minor, and the Defendant immediately stops after the instant accident and runs away without checking the status of the victim, it is recognized that the Defendant suffered injury to the victim and escaped by causing the instant accident.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment with prison labor, two years of suspended execution, one hundred and twenty hours of community service order) is too uneasy and unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts (1) refers to a case where the driver of an accident runs away from the scene before he/she performs his/her duty under Article 54(1) of the Road Traffic Act, such as aiding and abetting the damaged person, and runs away without taking measures under Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, although he/she knows that the damaged person was killed due to the accident, resulting in a situation in which it is impossible to determine who caused the accident as to who caused the accident, because he/she left the scene of the accident before he/she performs the duty under Article 54(1) of

Therefore, in order to establish the above escape driving crime, the result of thought must arise to the victim, and the mere danger to life and body is limited, or annoyed, which cannot be evaluated as the "injury" as stipulated in Article 257 (1) of the Criminal Act, is no longer necessary to treat, and thus, it thereby infringing on health conditions.

In cases where it is difficult to see the above crime, the above crime is not established (see Supreme Court Decisions 2005Do4046, Sept. 29, 2005; 2008Do3078, Oct. 9, 2008, etc.). (2) The lower court, on the grounds the reasons indicated in its reasoning, based on the parts of the injury suffered by the victim due to the instant traffic accident, the treatment process, and the circumstance leading up to the establishment of the hospital, etc., shall be deemed to have been the fluoral base of the victim.