The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles, there was a fact that the Defendant was a misunderstanding of the fact, and left the scene after leaving the scene. However, at the time of the accident, the Defendant was taking the medication, but did not fully recognize that the Defendant had shocked the victim’s vehicle due to the side effect of the said medication.

Therefore, the investigative agency did not have conducted an additional investigation, such as the drug examination of the defendant, but did not do so, and the prosecution was instituted as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) during the Simple Driving and Road Traffic Act (the measures not taken after the accident), which constitutes an illegal indictment.

Even if the provisions of the indictment stated in the indictment apply, the defendant did not have the intention to escape at the time of the instant case, and there was a mental and physical weakness due to the side effects as above.

However, the judgment of the court below that found the Defendant guilty of the facts charged of this case and did not reduce the physical and mental weakness is erroneous by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion

B. The sentence of the lower court’s improper sentencing (six months of imprisonment, one year of suspended sentence, and forty hours of community service order) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and investigated by the lower court, found that the Defendant had no intention to prosecute or escape, did not have the ability to discern things or make decisions due to the use of medicine, etc. as seen in the following 2-B.

In light of the fact that the defendant does not seem to have seen, the defendant is sufficiently aware of the fact that he caused an accident that causes a collision of the victim's vehicle with his own vehicle as stated in the facts constituting the crime in the judgment below, and the prosecution of this case is unlawful, as alleged by the defendant.