The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant, after causing the instant accident, solicits the victim to die and undergo medical treatment while going to the hospital, and immediately waits for insurance treatment.

In addition, since the victim's contact address was issued to the child and the victim left the scene of the accident, there was no intention to escape from the defendant.

Nevertheless, the lower court found the Defendant guilty guilty and erred by misapprehending the facts.

2. Determination

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When the driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the injured person, etc., and without taking measures under Article 54(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 relieves the injured person of the accident without taking measures under Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and brings about a situation where it is impossible to determine who caused the accident by leaving the accident’s place of accident without taking measures under Article 54(1) of the Aggravated Punishment, etc. of Specific Crimes, such as aiding the injured person even though the driver of the accident was aware of the fact that the injured person was killed or injured, he provided the injured person with data by which his identity can be confirmed before leaving the accident’s site.

Even if a person does not take measures under Article 54(1) of the Road Traffic Act, such as aiding the injured party, and runs away without taking measures under Article 54(1) of the Road Traffic Act (see Supreme Court Decision 2010Do16027, Mar. 10, 201, etc.). (b) The following circumstances revealed by comprehensively taking account of the evidence duly adopted and examined by the lower court, i.e., (i) the injured party was injured for three weeks due to the instant accident, and (ii) the injured party was the victim.