The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Although the summary of the grounds for appeal seems to have been asked to the victims after the accident, there was no answer, the judgment of the court below which found the defendant guilty of the facts charged is erroneous, and the punishment (fine 5,000,000) is too unreasonable.

2. Determination

A. In light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as provided by Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the protected legal interest thereof, the victim actively expressed that relief measures need not be taken under Article 54(1) of the Road Traffic Act in order to recognize that the accident driver did not have to take relief measures.

No other emergency measure is necessary, objective and clear at the time immediately after the accident should be objectively and clearly revealed. However, it cannot be readily concluded that there was no need to take such measures solely on the ground that there was no significant inconvenience in the victim’s movement immediately after the accident, there was no external appearance, and the degree of damage was proven relatively minor.

(See Supreme Court Decision 2009Do1317 Decided May 28, 2009, Supreme Court Decision 201Do14018 Decided January 12, 2012, etc.). According to the evidence duly admitted and examined by the lower court, the Defendant was issued a medical certificate of injury as stated in the lower judgment on November 23, 2012, that: (a) although the Defendant was faced with the victim D after the occurrence of the accident, the Defendant confirmed only the collision of each vehicle after the occurrence of the accident; (b) the Defendant was able to repair the vehicle; (c) the victims were driving the vehicle while driving the vehicle at the site; (d) the victims were not located in the hospital due to their occupation; and (e) the victims were visited the H Hospital located in Yongsan-gu G on November 28, 2012, after the occurrence of the accident; and (d) on November 23, 2012, the Defendant received the medical certificate of injury as stated in the lower judgment.

The above facts are revealed.