The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) shocked the shock absorption of the vehicle driven by the Defendant (hereinafter “the instant vehicle”); and (b) caused the accident that is over the road (hereinafter “the instant accident”); (c) requested the accident management by communicating the Samsung T&T Insurance Co., Ltd., an insurance company to which the Defendant was a party; (d) but (e) requested the accident management by communicating the 119 members with the Samsung T&T Insurance Co., Ltd., which was an insurance company to which the Defendant was a party; (e) however, (e) the 119 members

Therefore, the Defendant implemented necessary measures under Article 54(1) of the Road Traffic Act.

Nevertheless, the defendant did not take the above measures.

In light of the facts charged of this case, the judgment of the court below which found the defendant guilty is erroneous.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the purport of Article 54(1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles that occur on the road, and it does not aim at restoring damage to the victim.

In this case, the measures to be taken by the driver shall be taken appropriately in accordance with the specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures means measures to the extent ordinarily required in light of a sound form (see Supreme Court Decision 2009Do787, May 14, 2009, etc.). In addition, the necessary measures under Article 54(1) of the Road Traffic Act do not necessarily require the driver himself/herself, and even if he/she takes the necessary measures through a person under his/her control or prior to leaving the site, he/she would be unable to take the necessary measures, even

However, if the driver requested a witness of the accident to handle the accident simply and actually leaves the scene of the accident before taking necessary measures under the above provisions, unless there are special circumstances, the driver shall not be a witness of the accident.