The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. After the traffic accident in this case, the Defendant took appropriate relief measures according to the circumstances of the accident site, such as the pattern and degree of damage, such as moving the victim to the hospital, entering the contact details of his own personal information, etc. after the occurrence of the traffic accident in this case.

In addition, the defendant made the victim's relative with the victim's contact with his/her contact and marked his/her vehicle number as a photograph, and thereafter he/she waits for the victim's contact, and moved to the victim's contact and continued to receive insurance.

Therefore, the defendant was subject to all necessary measures provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes.

The criminal intent of escape cannot be recognized to the defendant.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misconception of facts or incomplete hearing.

B. The lower court’s sentence of unfair sentencing (one year of imprisonment with labor and two years of suspended execution, etc.) is unreasonable.

2. Determination

A. “When a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim,” as stated in Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the assertion of mistake of facts or incomplete hearing refers to a case where the driver of an accident leaves the accident site before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, although he/she knew of the fact that the victim was killed due to the accident, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed. The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles that occur on the road and ensure safe and smooth traffic. In such cases, the measures to be taken by