The defendant's appeal is dismissed.

1. In light of the fact that the composition of the substance taken by another foreign country on the part of the collision of the damaged vehicle, which appears on the part of the reason for appeal, does not coincide with the composition of the Defendant vehicle, and the shape of the other foreign country, which appears on the part of the damaged vehicle, appears to conflict with the latter part in light of the shape of the damaged vehicle, and the victim stated that the vehicle was not deemed to exist on the two-lane right side of the running direction, there is a possibility that the victim may conflict with the Defendant vehicle due to the negligence committed in the

In addition, since the defendant was unaware of the occurrence of a traffic accident, the defendant did not know of the occurrence of the traffic accident, and the victim was diagnosed but did not need medical treatment, so it does not constitute an escape.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. Determination

A. The phrase “the case where a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim,” under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”), means the case where the driver of an accident does not take measures under Article 54(1) of the Road Traffic Act despite his knowledge of the fact that the victim was killed due to the accident and brings about a situation in which the identity of the person who caused the accident can not be confirmed, and the degree of awareness of the fact that the victim was killed due to the accident is insufficient. If the driver of the accident escaped from the accident site without taking such measures, even though he could have easily confirmed the fact that the accident was caused by his personal confirmation immediately after the accident, the driver of the accident was able to know of the occurrence of the accident even if he did not do so.