The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the shock degree at the time of the traffic accident (hereinafter “accident”) as indicated in the judgment of the court below regarding the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the victims cannot be deemed to have suffered injury to the extent that the victims need rescue measures. Although the defendant was merely the father of his/her father as his/her site and left the temporary site due to a brupt, the judgment of the court below which found him/her guilty is erroneous in the misapprehension of legal principles and erroneous in the misapprehension of legal principles.

B. This part of the facts charged concerning the crime of violating the Road Traffic Act is based on the blood alcohol concentration measured without considering the Defendant’s abnormal physical condition on the date of the instant accident, and the measurement alone cannot be readily concluded that the Defendant was driving under the influence of alcohol. However, the lower court’s judgment that found the Defendant guilty erred by misapprehending the legal principles and erroneous determination.

2. Determination

A. In light of the legislative intent of the provisions on the aggravated punishment, etc. of a fugitive driver as prescribed in Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the protected legal interest thereof, in a case where it is deemed that an accident driver has not taken the measures under Article 54 (1) of the Road Traffic Act, such as the actual rescue of the victim, etc., even if the accident driver left the place of accident without taking such measures as aiding the victim, it does not constitute a violation of Article 5-3 (1) of the Aggravated Punishment, etc. of Specific Crimes. However, whether it was actually necessary to take such measures as aiding the victim, the determination should be made by comprehensively taking into account the situation and contents of the accident, the age and degree of the victim, the part and degree of the injury, the circumstances after the accident, etc.