The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

1. According to the summary of the grounds of appeal (the fact-finding) that the defendant delivered the name of the defendant to the victims and left the scene while leaving his vehicle, etc., the defendant did not have the intention of escape. In light of the degree of the accident of this case and the victim D status immediately after the accident of this case, etc., the court below found the defendant guilty of the facts charged of this case. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. Determination on the grounds of appeal by the defendant 1) "When the driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim or aiding the victim," under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to a case where the driver of an accident stops immediately and leaves the scene of the accident without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim, although he/she knew of the fact that the victim was killed or injured, and brings about a situation where it is impossible to determine who caused the accident by leaving the place of the accident. Thus, if the driver of the accident was aware of the fact that the victim was killed or injured, even though the driver of the accident provided the victim with data capable of verifying his/her identity before leaving the site of the accident, it constitutes "when the driver runs away lawfully without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim, etc." (see, e.g., Supreme Court Decision 2010Do106).