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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below erred by misapprehending the legal principles that found the victim guilty of this part of the facts charged, even though the victim did not have a relation to the traffic accident in the instant case or there was no need to take relief measures because of extremely minor degree of injury.
B. The sentence of the lower court (one month of imprisonment, two years of suspended execution, etc.) is too unreasonable.
2. Determination
A. Determination of the misapprehension of the legal doctrine as to the assertion of misapprehension of the legal doctrine ought to be based on a comprehensive consideration of the details and content of the accident, the age and degree of the victim’s injury, and the circumstances behind the accident, etc. In light of the fact that Article 54(1) of the Road Traffic Act grants emergency relief liability to the person who caused the accident, there was no need to take measures, such as providing relief to the victim.
In order to recognize the need for relief measures, objective and clear should be revealed at the time immediately after the accident occurred in the victim’s active expression of the need for relief measures or other emergency measures. Only because there was no big inconvenience in the victim’s movement immediately after the accident and there was no external appearance, and the degree of damage was found to be relatively minor, there was no need for such need.
It cannot be readily concluded (see, e.g., Supreme Court Decision 2011Do14018, Jan. 12, 2012). 2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court (see, e.g., Supreme Court Decision 201Do14018, Jan. 12, 201). In other words, the Defendant’s vehicle runs at a speed of the vehicle without taking measures, such as aiding and abetting the vehicle behind the vehicle driven by the victim D, which was stopped for signal waiting with the front part of the vehicle driven by the Defendant, without taking measures, such as aiding and damaging the repair cost of KRW 893,979.