The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. There was no need to take relief measures because the degree of injury suffered by the victims was insignificant due to mistake of facts and misapprehension of legal principles.

Even if it is necessary to take relief measures, G, who was accompanied by the vehicle driven by the defendant, took necessary measures after the accident.

The lower court found the Defendant guilty of the facts charged of this case was erroneous or erroneous by misapprehending the legal doctrine.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (one million won of a fine) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of the legal principles 1) The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) is deemed as follows.

Article 5-3(1) of the Road Traffic Act provides that “When a driver of an accident runs away without taking a measure under Article 54(1) of the Road Traffic Act, such as aiding and abetting a victim” refers to a case where the driver of an accident does not take a “measures under Article 54(1) of the Road Traffic Act,” despite the victim’s awareness of the fact that he was killed and injured, leaving the scene of the accident and brings about a situation in which the identity of the person who caused the accident can not be confirmed (see Supreme Court Decision 2005Do3605, Jan. 27, 2006). In light of the legislative intent and legal interest of the above provision on the aggravated punishment of a driver of an accident, whether the driver of an accident actually needs to take a measure such as aiding and aiding the victim should be determined by comprehensively taking into account the situation and contents of the accident, the age and degree of the victim’s injury, and the circumstances after the accident, etc., but it is not necessary to recognize that there was no need to take relief measures such as the victim.

(b) need to take any other emergency action.