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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal cannot be deemed to have suffered injury to the extent that relief measures are required at the time of the instant accident;
In addition, the Defendant stopped immediately after the instant accident, and performed his duty to take necessary relief measures, such as soliciting the victim to go to the hospital, and it is difficult to deem that the Defendant had the intention to escape, such as notifying the police officer of his identity and undergoing investigation.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case by evaluating the defendant's act of leaving the scene as escape, is erroneous in the misapprehension of legal principles as to the crime of violation of the Act on the Aggravated Punishment, etc.
2. Determination
A. As to the necessity of relief measures, the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) is applicable.
In light of the legislative intent of Article 5-3 of the Act on the Aggravated Punishment of fugitive Drivers and the legal interest and protection thereof, if it is not deemed necessary for the accident driver to take measures under Article 54 (1) of the Road Traffic Act, such as the actual rescue of the victim, even if the accident driver left the place for the accident, it does not constitute a crime of violating Article 5-3 (1) of the Aggravated Punishment Act even though the accident driver does not take measures such as aiding and abetting the victim. However, whether it was necessary to take measures such as aiding and abetting the victim should be determined by comprehensively taking into account the details and contents of the accident, the age and part and degree of the injury of the victim, the circumstances after the accident, etc. However, in order to recognize that there was no need to take measures such as aiding and abetting the victim in light of the fact that Article 54 (1) of the Road Traffic Act grants the person who caused the accident an emergency relief responsibility.
(b) need to take any other emergency action.