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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Considering the fact that there was a new wall that occurred at the time of the accident of mistake or misunderstanding of legal principles, the road surface of the point where the accident occurred was not broken, and the degree of damage is minor, the Defendant was not aware of the accident of this case, and the Defendant did not have the criminal intent of escape. In addition, the Defendant cannot be deemed to have actually sustained the injury of the victim due to the accident of this case, and even if he suffered domestic injury, relief measures
B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.
2. Determination
A. (1) As to the assertion of mistake of facts and misapprehension of legal principles, the phrase “when a driver runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim,” refers to the case where the driver of an accident leaves the accident site prior to performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim, even though the driver knew of the fact that the victim was killed and injured, and resulting in a situation in which the identity of the person who caused the accident cannot be confirmed. The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles that occur on the road and ensure safe and smooth traffic by preventing and removing them. In such a case, the measures to be taken by the driver should be appropriately taken according to the specific circumstances, such as the content and degree of the damage, and the degree of such measures
However, in the reality that the provisions of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes are not established in a sound and reasonable traffic order corresponding to the motor vehicle and the traffic accident, a strong ethical act that a driver who has caused the traffic accident by his/her negligence runs away without taking measures, such as aiding the victims of the accident.