The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. Since the victim of a mistake of facts cannot be deemed to have suffered injury that constitutes an injury under the Criminal Act due to the instant traffic accident, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

B. The sentence (5 million won of fine) imposed by the lower court on the ground of unfair sentencing is too unreasonable.

2. Determination

A. The gist of the facts charged is that the Defendant is a person engaging in driving service of BE passenger cars.

On June 22, 2018, the defendant, around 16:43, run 101 Mungsan-ro, Masan-ro, Goi-gu, Goi-si, Goi-si, Goi-si in the two-lanes of the two-lanes of the two-lanes of the two-lanes of the North

In such cases, a person engaged in driving a motor vehicle has a duty of care to observe the signal, and the driver has a duty of care to prevent accidents due to the care of pedestrians.

Nevertheless, the part of the victim E (the 9 years old) who crosses the crosswalk to green, etc. on the side of the D market by negligence in driving in violation of the signal, was shocked to the right side of the Maz vehicle.

Therefore, the Defendant, by such occupational negligence, escaped without taking measures, such as immediately providing relief, even though he/she sustained injuries in the side lives in which two weeks of treatment are required to E.

B. The phrase “when a driver of an accident runs away without taking measures under Article 50(1) of the Road Traffic Act, such as aiding the victim,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the assertion of mistake of facts refers to a case where the driver of an accident leaves the scene of the accident before performing his/her duty under Article 50(1) of the Road Traffic Act, such as aiding the victim, and brings about a situation in which the identity of the person who caused the accident cannot be confirmed, although he/she knew that the