The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The instant accident was a minor accident, and the Defendant said that it was caused by a sudden accident to the driver of the victimized vehicle after the accident, and only went out of the scene of the accident and did not have any intention to escape.

The court below found the defendant guilty of this part of the facts charged.

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 measures under Article 54(1) of the Road Traffic Act, such as aiding a victim,” the term “if the driver of an accident knows that the victim was killed or wounded,” the driver does not take measures under Article 54(1) of the Road Traffic Act despite the victim’s awareness of the occurrence of the accident, and brings about a situation in which the identity of the person who caused the accident can not be confirmed. The degree of perception of the fact caused by the accident is sufficient to do anything else. 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 confirm the occurrence of the accident without taking such measures, he/she was able to escape from the accident site without knowing that the accident occurred (see, e.g., Supreme Court Decision 2005Do3605, Jan. 27, 2006). In addition, considering Article 5-3(1) and 14 of the Road Traffic Act’s age and legislative intent, etc.