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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) did not recognize the fact of the instant accident, and the Defendant did not intend to flee.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. "When a driver of an accident runs away without taking measures as prescribed in Article 50 (1) of the Road Traffic Act, such as aiding a victim or taking other measures as prescribed in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" means the case where the driver of an accident leaves the scene of the accident before fulfilling his/her duty as prescribed in Article 50 (1) of the Road Traffic Act, such as aiding the victim although he/she knows that the victim was killed or injured, resulting
(See Supreme Court Decisions 98Do375 delivered on May 12, 1998, 99Do2869 delivered on December 7, 1999, etc.). In this context, “the degree of perception of the fact that a victim sustained an injury due to an accident” refers to “the degree of perception of the fact that the victim sustained an injury” does not necessarily need to be determined, and dolusently, it is sufficient for the driver to confirm the fact of the accident if he/she could have easily confirmed the accident immediately after the accident, but if he/she escaped from the accident site with the knowledge that it would not be separate even if he/she did not take such measures, it shall be deemed that the driver of the accident was aware of the fact of the accident even if
(see, e.g., Supreme Court Decisions 2005Do3605, Jan. 27, 2006; 2004Do6485, Dec. 9, 2004). In full view of the evidence duly adopted and examined by the lower court, the following facts or circumstances are recognized.
① At the time of the instant accident, the witness appeared to have a shocked impact on the “brut” as at the time of the instant accident, and stated that the brut was followed by the brut, etc. immediately after the accident.
(2) At the time of an accident, the accident was made at night.