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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The misunderstanding victim was aware of the name and address of the defendant prior to the instant accident, and the defendant, after the instant accident occurred, reported that I filed a 119 report, and went out of the scene of the accident with the victim’s understanding, and thus, escaped without taking measures under Article 54(1) of the Road Traffic Act.
Although the judgment of the court below is not possible, the defendant is guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.
B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended sentence, 40 hours of lecture for compliance driving, 120 hours of community service order) is too unreasonable.
2. Determination
A. 1) Determination of the misapprehension of the legal principle as to the assertion of misapprehension of the legal principle refers to the case where the driver of the accident runs away from the scene of the accident before performing the duty under Article 50(1) of the Road Traffic Act, such as aiding and abetting the injured person, although the driver was aware of the fact that the injured person was killed and injured, resulting in a situation in which it is impossible to identify the person who caused the accident. Thus, if the driver of the accident went away from the scene of the accident before performing the duty under Article 50(1) of the Road Traffic Act, such as aiding and aiding the injured person, even though he was aware of the fact that the injured person was killed and injured, the driver of the accident provided the injured person with data capable of verifying his identity before leaving the scene of the accident.
Even if a person does not take measures under Article 50 (1) of the Road Traffic Act, such as aiding a damaged person, it constitutes "when a person runs away without taking measures under Article 50 (1) of the Road Traffic Act (Supreme Court Decision 2004Do250 Decided March 12, 2004)."