The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (a factual error) was likely to cause an accident as described in the facts charged of this case, but the Defendant confirmed his status by exchanging the victim and driver’s license with the insurance company and called to the insurance company, and left the scene of the accident after seeking understanding with the victim, and thus, the Defendant did not escape without taking necessary measures even if he did not cause the accident.

2. Determination

A. "Cases where a driver of an accident runs away without taking measures under Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" refers to cases where the driver of an accident stops without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim, and providing relief to the victim despite his/her knowledge of the fact that the victim was killed due to the accident, and brings about a situation in which it is impossible to identify who caused the accident as the person who caused the accident. "The duty of the driver, etc. after the traffic accident to stop immediately" under Article 54 (1) of the Road Traffic Act refers to the duty of the driver to stop immediately unless there are circumstances such as the occurrence of traffic danger by immediately stopping the accident, and the degree of his/her age and the duty of the driver of the accident at the scene of the accident to provide relief to the victim, the degree of his/her age and the duty of the driver at the scene of the accident to provide relief to the victim, the degree of his/her age and the duty of the driver at the scene of the accident, etc.

(See Supreme Court Decision 2008Do8627 Decided June 11, 2009). B.

In addition, it is necessary to take measures such as aiding the victim.