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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal was that the Defendant was making telephone conversations at the time of the accident, and the Defendant was unaware of the occurrence of the instant traffic accident, and there was no intention of escape.
Although the victim was diagnosed, it does not constitute an escape because it is a minor that does not require medical treatment.
The court below erred by misunderstanding of facts or misunderstanding of legal principles.
2. Determination
A. The phrase "the case where a driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim, etc." under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter "Special Crimes Act") refers to the case where the driver of an accident does not take measures under Article 54 (1) of the Road Traffic Act despite his knowledge of the fact that the victim was killed due to an accident, and leaves the accident place and brings about a situation where the identity of the person who caused the accident can not be confirmed. The degree of awareness of the fact that the victim was killed due to an accident is insufficient to do so. Thus, if the driver of an accident escaped from the accident site without taking such measures, even though he could have easily confirmed the fact that the accident was caused by his personal confirmation immediately after the accident, the driver of the accident was able to know about the occurrence of the accident even if he had failed to take such measures.
(See Supreme Court Decision 2005Do3605 Decided January 27, 2006). In addition, in light of the purpose of legislation and legal interest and protection of law under Article 5-3(1) of the Act and Article 148 of the Road Traffic Act, it is recognized that the accident driver was in need of taking measures under Article 54(1) of the Road Traffic Act, such as the actual relief of the victim, taking into account all the details and contents of the accident, the victim’s age and degree of the injury, and circumstances after the accident.