The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the misapprehension of the legal principle on the part and degree of the victims of the instant traffic accident, treatment process, degree of damage to the vehicle, road situation before and after the accident, etc., the instant traffic accident constitutes a case where there is no need to take measures under Article 54(1) of the Road Traffic Act because it is very insignificant.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of four million won) is too unreasonable.

2. Determination

A. In light of the legislative purport and legal interest and protection of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) and Article 148 of the Road Traffic Act as to the assertion of misapprehension of the legal principles, in a case where it is deemed necessary for the accident driver to take measures under Article 54(1) of the Road Traffic Act, such as providing relief to the victim in fact, if the accident driver did not take such measures as aiding the victim, it does not constitute a violation of Article 5-3(1) of the Special Cases Act or a violation of Article 148 of the Road Traffic Act even if the accident driver leaves the place. However, the existence of the need to take such measures should be determined by comprehensively taking into account the victim’s injury level and degree, the situation after the accident occurred, the period and details of medical treatment, the age and degree of the victim’s injury, and the age and health condition of the victim, etc. Where the defendant directly with the victim in question did not have any opportunity to provide relief to the victim.