The defendant's appeal is dismissed.

1. Regarding the summary of the grounds for appeal, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Road Traffic (U.S.A.) and the crime of violation of the Road Traffic Act (U.S.A.) it is difficult to view that the instant accident is a minor drilling and thus, the victims suffered injuries to the extent they need to take relief measures, and even though it is not necessary to take measures to remove or prevent traffic hazards and obstacles due to the occurrence of accidents on roads

2. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Reasons for Appeal is established when the driver who committed the crime under Article 268 of the Criminal Act due to the transportation of a motor vehicle, etc. does not take measures such as aiding the victim and leaving the scene of the accident and resulting in a situation in which it is impossible to identify the identity of the person who caused the accident. Whether there is a need for rescue or relief should be determined by comprehensively taking into account the details and details of the accident, the age and degree of the victim, and the degree of the injury, the circumstances behind the accident, etc. In light of Article 54(1) of the Road Traffic Act, the victim actively expressed that it is unnecessary to take relief or other measures to recognize that there was no need to take emergency relief measures against the person who caused the

No other emergency measure is necessary, objective and clear at the time immediately after the accident should be objectively and clearly revealed. However, it cannot be readily concluded that there was no need to take such measures solely on the ground that there was no significant inconvenience in the victim’s movement immediately after the accident, there was no external appearance, and the degree of damage was proven relatively minor.

Supreme Court Decision 2011Do14018 Decided January 12, 2012 and Supreme Court Decision 201Do28 Decided May 28, 2009