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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (deficiencies or misapprehension of legal principles) (hereinafter “instant accident”) is that the Defendant left the scene without recognizing that the Defendant was strokeed at the time when the Defendant was driving a franchise driven by the Defendant and strokeed the damaged vehicle (hereinafter “the instant accident”) and strokeed the Defendant’s vehicle driven by the victim D (hereinafter “victim”), and that the Defendant did not have any intention to escape.
In addition, in light of the shock degree of the instant accident, etc., victims cannot be deemed to have suffered injuries at the time of the instant accident, and there was no need to take relief measures.
Therefore, the judgment of the court below that found the Defendant guilty of the charges in this case on the ground that the Defendant’s act of leaving the scene of a traffic accident was committed without fulfilling the duty of rescue and relief, by misapprehending the legal principles on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
2. Determination
A. In light of the legislative intent of Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) and the legal interest and protection thereof, in a case where it is not deemed necessary for an accident driver to take measures under Article 54(1) of the Road Traffic Act, such as the actual rescue of the victim, if the accident driver does not take measures such as aiding the victim, and even if the accident driver leaves the place, it does not constitute a violation of Article 5-3(1) of the Special Crimes Act.
However, whether it was necessary to take measures such as aiding and abetting the victim should be determined by comprehensively taking into account the details and contents of the accident, the age and degree of the victim's injury, and the circumstances after the accident. However, Article 54 (1) of the Road Traffic Act is an emergency to a person who caused the accident.