The prosecutor's appeal is dismissed.

1. The victims of the grounds for appeal consistently state that "the defendant was dead after the death of the victim at the time of the accident," and the defendant shows a speech that is not consistent with the doctrine because he could not have known who was the police officer responsible for his location or made a false statement because he was unable to know who was the police officer's location, etc., the defendant is highly likely to have been faced with the situation (such as age, drinking, etc.) when he was absent at the site or when he was faced with the police officer. Meanwhile, the defendant may request relief measures to a third person under his control, but this is limited to the case where the person who caused the accident was in the site, or the person was in the site and asked a third person to deal with the accident, but this is limited to the case where the person was in charge of the accident, or where the person was in the site, left the site, and then left the site, and the case refers to the case where he left the site, but the court below found the defendant not guilty of the facts charged in this case.

2. Determination

(a) "Where a person runs away without taking measures under Article 50 (1) of the Road Traffic Act, such as aiding a victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" means a case where a driver of an accident runs away from the scene of the accident before fulfilling his/her duty under Article 50 (1) of the Road Traffic Act, such as aiding the victim, although he/she recognizes the fact that the victim was killed due to an accident, resulting in a situation in which it is impossible to determine who

If the driver of an accident was aware of the fact that the victim was killed due to the accident before performing his/her duty provided for in Article 50 (1) of the Road Traffic Act, such as aiding the victim, he/she shall be the victim before the driver of the accident leaves the scene.