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 victim's injury was insignificant at the time of the accident of mistake or misunderstanding of legal principles.

After the accident, the defendant asked the victim of the situation immediately after the accident, and then asked the victim of the accident to move the vehicle along with the victim, and then asked the victim of the accident, and inform the victim of the telephone number.

Since the defendant left the scene after taking all necessary measures after the accident, the defendant did not have intention to flee.

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 (three million won of fine) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of the legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (A)" under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter "Special Crimes Act") means a case where a driver of an accident does not take measures under Article 54 (1) of the Road Traffic Act despite the victim's awareness of the fact that he/she was killed due to an accident and brings about a situation in which it is impossible to determine who caused the accident by leaving the place where the accident occurred without taking measures under Article 54 (1) of the Road Traffic Act (see Supreme Court Decision 2005Do3605, Jan. 27, 2006). In light of the legislative intent and legal interest and protection of the above provisions as to the aggravated punishment of a driver of an escape vehicle, whether the driver of an accident actually needs to take measures such as aiding the victim, etc. should be determined by comprehensively taking into account the details and contents of the accident, the victim's age and degree of the injury, and circumstances after the accident.