The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that considering the state of damaged vehicle, the degree of shock at the time of the accident in this case seems to have been reasonable at night, the vehicle driven at night, operating all headlights, and the Defendant’s vehicle driven at the rear bank at the time of the accident in this case was unable to gather that the damaged vehicle was in the front section, the Defendant’s blood alcohol concentration is not a drinking level to the degree that it would not recognize the accident in this case, the Defendant’s moving to the side is sufficient if the Defendant was for the purpose of avoiding secondary accident, and there is no reason to move to the side, and there is no reason to leave the scene intentionally to conceal his criminal act, even if the Defendant possessed the cell phone immediately after the accident in this case and did not report it to the 112. In light of the fact that the Defendant had been aware of the accident immediately after the accident in this case and appears to have committed an escape criminal intent.

Therefore, the judgment of the court below which acquitted the defendant on the charge of violation of the Road Traffic Act (unclaimed measures after accident) among the facts charged in this case is erroneous in the misconception of facts.

B. The lower court’s sentence of an unreasonable sentencing (1.5 million won by fine) against the Defendant is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court found the Defendant not guilty of this part of the facts charged on the ground that the evidence submitted by the prosecutor alone was insufficient to acknowledge that the Defendant recognized the accident at the time of the instant case, and that there was no other evidence to acknowledge this otherwise.

1) Traffic accident report and investigation report (under the telephone survey, the defendant received the rear part of the victim's vehicle at the time, and then received the retaining wall on the right side of the high-priced bridge, and is on the left side.