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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. After a mistake of fact, the Defendant did not take any measures for the victim, and caused a situation in which it is impossible to determine the driver because the police officer alleged that he/she was driving rather than driving the police officer who was dispatched to the scene of the accident.
Of the facts charged in the instant case, the lower court acquitted the Defendants on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (not after the accident).
B. The sentence imposed by the court below on the grounds that the sentence imposed by the court below (one-month imprisonment, two-year suspension of execution, and forty-hours in the course of compliance driving lectures and alcohol treatment lectures) is too uneasible and unfair.
2. Determination
A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the victim or providing aid to him/her,” refers to a case where the driver of an accident leaves the accident site before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, although he/she knew of the fact that the victim was killed or injured, resulting in an unabstinated situation where the identity of the person who caused the accident cannot be confirmed. The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles that occur on the road and ensure safe and smooth traffic by securing safe and smooth traffic. In such a case, the measures to be taken by the driver shall be considered appropriately according to the specific circumstances, such as the content and degree of the accident, and the degree of such measures shall be included in the identification of the driver of the accident, such as the victim or the police officer.