The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), the defendant should have the criminal intent to flee, but the court below's judgment that acquitted this part of the facts charged is erroneous in misunderstanding of facts and

B. The disposition of the court below on the grounds of unfair sentencing (the suspension of sentence of a fine of two million won) is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. The Defendant in this part of the facts charged is a person engaging in driving Csch Rexton vehicles.

On September 16, 2012, the Defendant driven the above vehicle on September 16, 2010, while driving the vehicle, led to a road of one lane in front of the Chungcheongnamnam Chang-ho, which is located in the luminous lusium at the time of strike, from the luminous direction.

At the time, since it was difficult at night, a driver engaged in driving of a vehicle has a duty of care to safely operate the steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and served the victim D (V, 50 years old) who was under way on the road as the above vehicle due to negligence.

Although the Defendant by such negligence caused the death of the victim at the same place, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

나. 판단 원심은, 피고인이 위 사고로 피해자가 사상을 당한 사실에 대하여 인식하고서도 미필적으로라도 사고현장을 이탈하여 사고를 낸 자가 누구인지 확정될 수 없는 상태를 초래하기 위하여 도주하였는지 여부에 관하여 보면, 피고인은 검찰에서 위 사고 당시 동물의 사체를 충격한 것으로 생각하고 사고현장에서 약 2km를 진행하다가 찜찜한 생각이 들어 유턴 후 다시 사고현장으로 돌아왔는데, 사고현장에 사람들이 모여 있어서 피고인이...