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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the mistake of facts or misapprehension of legal principles, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act, the duty to provide relief under the Road Traffic Act is imposed on the driver of the relevant vehicle who caused the traffic accident, regardless of intention, negligence, liability, or illegality in the occurrence of the traffic accident, and as long as the defendant runs away from the direction of the vehicle and runs away at a considerable distance of about 300 meters from the direction of the vehicle after the traffic accident in
B. The lower court’s sentence (one year and six months of imprisonment, and two years of suspended execution) against the Defendant is too uneasible and unreasonable.
2. Determination
A. As to the assertion of mistake of facts or misapprehension of legal principles, the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) is applicable.
The term "cases 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." referred to in Article 5-3 (1) means cases where the driver of an accident, who knows that the victim was killed due to an accident, brings about a situation in which it is impossible to confirm who caused the accident because he/she escaped from the scene before performing his/her duty under Article 54 (1) of the Road Traffic Act
However, the purpose of Article 54 (1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on roads to ensure safe and smooth traffic. In such a case, the measures to be taken by a driver should be appropriately taken according to the specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures is to the extent ordinarily required in light of sound form, and such measures shall include information about the identity of the driver involved in the traffic accident such as the victim or the police officer.
However, the above special exception law.