All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of facts and the misunderstanding of legal principles did not recognize the occurrence of an accident, and there was no intention to escape.

2) The sentence of the lower court’s unfair sentencing (two years of suspended sentence of eight months and suspended sentence of imprisonment, and forty hours of lecture attendance order for compliance driving) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal principles 1) “When the driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the injured person,” as provided by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes,” refers to a case where the driver of an accident runs away from the scene of the accident before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the injured person despite his/her awareness of the fact that the injured person was killed or injured, resulting in a situation in which it is impossible to determine who caused the accident, and the degree of recognition of the injured person’s perception of the fact is not necessarily definite, but is sufficient if the injured person was aware of the fact that he/she was killed or injured even if he/she was aware of the intention to escape from the scene without taking such measures.

The following circumstances can be acknowledged according to the evidence examined by the court below (see Supreme Court Decision 99Do5023, Mar. 28, 2000, etc.). 2)

① On August 8, 2017, around 14:50, the Defendant driven a freight vehicle on the Docheon-do Docheon-do Gyeongcheon-do Gyeong-do Do, Chungcheongnam-do, Incheon-do, and proceeded into the Seoul Myeon in the Busan Myeon. On the other hand, the Defendant changed the course from the two-lane road to the two-lane.

A defendant intends to change.