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. Since the Defendant was unaware of the occurrence of the instant traffic accident, there was no intention to flee.

The instant traffic accident was caused by the negligence of both the Defendant and the victimized vehicle driver, and it is merely a minor contact accident and does not constitute 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 (7 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 a measure under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim,” the term “if the driver of an accident knows that the victim was killed and wounded,” without taking a “measures under Article 54(1) of the Road Traffic Act,” and refers to a situation in which the identity of the person who caused the accident can not be confirmed,” and the degree of perception of the fact caused by the accident is sufficient to do so. The degree of perception of the victim’s death is sufficiently sufficient. If the driver of the accident, even though he was able to confirm the fact of the accident immediately after the accident, even though he was able to confirm it with the knowledge that it was not a separate case, the driver of the accident was able to escape with the knowledge of the occurrence of the accident (see, e.g., Supreme Court Decision 2005Do3605, Jan. 27, 2006).