The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant did not know that he was the person who was in charge of the accident at the time of the accident in this case, the Defendant only left the scene of the accident without recognizing the fact that the victim was killed due to the accident and did not have the intention of escape.

Nevertheless, the lower court which found the Defendant guilty of the facts charged of this case erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment and three years of suspended execution) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of the legal principles, the phrase “when a driver of an accident runs away without taking measures as prescribed by Article 54(1) of the Road Traffic Act, such as aiding a victim, etc.” under 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, despite recognizing the fact that the victim was killed due to the accident, brings about a situation in which it is impossible to determine who caused the accident as the person who left the accident site before performing the duty as prescribed by Article 54(1

In this context, the degree of perception of the fact that the victim was killed due to an accident is not necessarily required to be confirmed, and it is sufficient to recognize even if it is dolusent, while recognizing that the victim was aware of having been killed while the accident occurred while leaving the accident site, there is a dolusent perception (see, e.g., Supreme Court Decision 2010Do13091, Apr. 28, 2011). If the driver left the accident site with the knowledge that the accident was easily confirmed immediately after the accident, even though the driver was able to confirm the fact of the accident, he/she could not take such measures, but rather leave the accident site with the knowledge that it was not a separate one.