The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. In relation to the misunderstanding of facts or legal principles ① Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles), in light of the fact that the victims suffered from the accident at the time of the accident at issue were minor injuries and there was no need to take relief measures, and that the defendant agreed about 50 minutes of agreement with the victims, etc., there was no willful misconduct in escape from the defendant. ② Violation of road traffic law (unnecessary measures after the accident), there was no need to take measures to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles at the time of leaving the scene of the accident.

Nevertheless, the judgment of the court below finding the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) and the violation of the Road Traffic Act (i.e., an accident).

B. The sentence of the lower court’s unfair sentencing (two years of suspended execution in August, 200, 40 hours of lecture course for compliance driving, and 160 hours of community service) is too unreasonable.

2. Determination

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., the violation of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the term “when the driver of the accident runs away without taking measures as provided by Article 54(1) of the Road Traffic Act, such as aiding the damaged person,” means the case where the driver of the accident runs away from the scene of the accident before he performs his duty as provided by Article 54(1) of the Road Traffic Act, such as aiding the injured person although he knows that the injured person was killed or injured (see Supreme Court Decision 94Do1850, Sept. 13, 1994). The legislative purport of the provision on the Aggravated Punishment, etc. of the Aggravated Punishment, etc. of Specific Crimes and its legal interests are protected.