The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) and the statements made at the time of the police investigation conducted by D, the driver of the victimized vehicle, the Defendant, at the time of the accident scene, was going to the accident site only when the Defendant was aware of the victim’s 112 before the victim’s statement at the time of the accident site 20 meters away from the accident site. The Defendant sent the victim’s statement to F that the police officer would be the subject of the accident site, and then again sent the victim’s statement to F that the police officer would be the subject of the accident site, which constitutes “grading from the accident site.” On the other hand, the Defendant did not take any particular measure other than the Defendant’s question whether the Defendant was “graded”

In light of the fact that it is difficult to make it difficult to see that the person who caused the accident at the time of the accident was driving, or that the person who caused the accident was driving by another person or was driving by proxy, etc., and that the police officer stated that the defendant was driving by proxy at the time of the accident at the time of the accident at first time, it was not clear who was the person who caused the accident at the time of the accident at the time of the accident. Since the defendant acted with a clear intention to avoid his responsibility, the defendant's intent to commit the crime of escape is recognized.

2. Determination

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When a driver of an accident runs away without taking measures as provided in Article 54(1) of the Road Traffic Act, such as aiding a victim, etc.” means the case where the driver of an accident runs away from the accident site before performing his/her duty as provided in Article 54(1) of the Road Traffic Act, such as aiding a victim, although he/she was aware of the fact that the victim was killed due to an accident, resulting in a situation in which it is impossible to confirm who caused the accident. The purpose of Article