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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant was unaware of the fact that the damaged vehicle was involved in the accident at the time of the instant case, the intention of escape is not recognized, and the victim did not have the “injury” under the Criminal Act due to the instant accident.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended sentence) is too unreasonable.
2. Determination
A. (1) The "when the driver of an accident runs away without taking measures under Article 50 (1) of the Road Traffic Act, such as aiding the victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" means a case where the driver of an accident runs away from the scene of the accident before performing his/her duty under Article 50 (1) of the Road Traffic Act, such as aiding the victim although he/she was aware of the fact that the victim was killed due to the accident, resulting in a situation in which the identity of the person who caused the accident can not be confirmed, and the degree of awareness of the fact that the victim was killed due to the accident in this context is sufficient unless it is definitely determined.
Therefore, if an accident driver had been able to confirm the accident immediately after the accident, without taking such measures even though he could have been able to confirm the accident if he had been able to do so, and if he left the accident site with the knowledge that it was not a separate one, it shall be deemed that the accident driver had an intention to escape with the knowledge of the occurrence of the
(See Supreme Court Decisions 9Do5023 delivered on March 28, 2000 and 2005Do3605 delivered on January 27, 2006, etc.). Meanwhile, in order to establish the crime of escapeing under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the occurrence of the result of the death or injury must occur to the victim, and it is extremely extremely extremely likely that the crime of escapeing under Article 257(1) of the Criminal Act could not be established.