The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by a mistake-finding prosecutor, the court below found the defendant not guilty, even though the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes was established, since the defendant left the scene without taking necessary measures such as aiding the victim.

B. The lower court’s sentence of unreasonable sentencing (fines 3,00,000) is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant asserted that it is not a escape since it took necessary relief measures, such as providing the victim with contact information and giving money to the hospital.

B. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) refers to a case where the driver of an accident runs away from the scene prior to performing the duty provided for in Article 54 (1) of the Road Traffic Act, such as aiding the victim, although the driver of the accident knew that the victim was killed or injured, and brings about a situation in which the person who caused the accident cannot be confirmed, such as aiding the victim, although the driver of the accident knew that the victim was killed or injured, if the driver of the accident went away from the scene prior to performing the duty provided for in Article 54 (1) of the Road Traffic Act, such as aiding the victim, even though the driver of the accident was aware of the fact that the victim was killed or injured, it constitutes “when the driver of the accident still runs away without taking the measures provided for in Article 54 (1) of the Road Traffic Act, such as aiding the victim, etc.”

(see, e.g., Supreme Court Decision 2001Do5369, Jan. 11, 2002). And Article 5-3 of the Aggravated Punishment Act is set forth.