All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (defendants) cannot be deemed as an injury under the Criminal Act because the injury inflicted by the victim of the instant accident is extremely minor to the extent that it does not require medical treatment. The Defendant, who was not aware of the injury inflicted by the victim at the time of the accident, had the criminal intent of escape.

shall not be deemed to exist.

B. Improper sentencing (public prosecutor) that the lower court sentenced the Defendant (five million won in penalty amount) is too uneasy and unfair.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The term “cases where an accident driver runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to cases where the accident driver runs away from the accident scene before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person, even though he/she knows that the injured person was killed and injured, resulting in an undetermined situation where the identity of the person who caused the accident cannot be confirmed.

Therefore, the purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on roads to ensure safe and smooth traffic. In such a case, measures to be taken by a driver shall be appropriately taken according to specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures shall be the level ordinarily required in light of sound form, and such measures shall include the statement of identity of the driver of the accident to the person related to the traffic accident such as the victim or the police officer.

However, the provisions of Article 5-3 (1) above shall be applied to the case where the driver who has caused the traffic accident in the reality that a vehicle and a traffic accident are so sound and reasonable that the traffic order is not established, such as aiding the victim who has been killed in the accident.