1. Article 54 (1) of the Road Traffic Act provides that the driver, etc. of a vehicle shall immediately stop and take necessary measures, such as providing assistance to casualties in the event that the driver, etc. of the vehicle causes death or injury to another person or damage to things (hereinafter “traffic accident”) due to the traffic of the vehicle. Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) provides that “Where the driver of an accident who committed a crime under Article 268 of the Criminal Act due to the traffic of the motor vehicle or motor bicycle runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim, the driver, etc. of the vehicle shall be punished depending on

Article 54 (1) of the Road Traffic Act aims to prevent and eliminate traffic risks and obstacles on roads to ensure safe and smooth traffic. In such cases, measures to be taken by drivers shall be appropriately taken according to the specific circumstances, such as the contents of the accident and the degree of damage, and the degree of such measures shall be considered to the extent normally required in light of sound forms.

"A case where the driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim or aiding the victim" prescribed in the above provision of the Specific Crimes Aggravated Punishment Act means a case where the driver of an accident, who knows that the victim was killed due to an accident, brings about a situation in which it is impossible to confirm who caused the accident as the person who left the scene of the accident before performing his/her duty under Article 54 (1)

(See Supreme Court Decision 2002Do4452 Decided October 22, 2002, and Supreme Court Decision 2007Do1738 Decided October 11, 2007, etc.). Article 5-3(1) of the Specific Crimes Aggravated Punishment Act has not established a sound and reasonable traffic order corresponding to the rapid increase in automobiles and traffic accidents.