The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of the grounds for appeal (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes);

A. After the occurrence of the instant accident, the Defendant informed the victim of the phone number of the Defendant, and at the time, the victim continued to communicate with the Defendant, and the victim went to the scene. The instant accident occurred, which led him/her to the flow of melting clothes into the inner clothes of the Defendant, and the change of the inner clothes and booms into the inner house of the Defendant’s head in the neighborhood for the purpose of seeing the boom, and it does not go to the scene with the criminal intent of escape.

B. Furthermore, it cannot be said that the shock caused by the instant accident was insignificant, and the victim suffered an injury due to the instant accident.

C. Nevertheless, the judgment of the court below which found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) among the facts charged in the

In the statement of grounds of appeal, the Defendant asserted a mistake of facts or misapprehension of legal principles as to the whole facts charged, but at the fourth day of pleading of the trial of the party, the Defendant acknowledged the facts charged, and withdrawn the assertion of mistake of facts or misapprehension of legal principles as to this part of the facts charged.

2. Determination

A. The phrase “the time when the driver runs away without taking measures under Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” refers to a case where the driver of an accident, despite his knowledge of the fact that the victim was killed due to an accident, leaving the scene of the accident before performing the duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, brings about a situation in which the identity of the person who caused the accident cannot be confirmed.

Therefore, in order to establish the above escape driving crime, the result of death should occur to the victim and the life and body of the victim.