The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) was issued with a medical certificate of injury to the effect that the victim suffered an injury for about two weeks in need of medical treatment immediately after the instant case. In fact, since the victim was visited at a hospital twice and received physical treatment for the damaged part, it can be recognized that the victim suffered an injury to the extent that relief measures are needed due to the instant case, but the judgment of the court below acquitted the Defendant of this part of the facts charged, which affected the conclusion of the judgment, is erroneous.

2. Determination

A. "When the driver of an accident runs away without taking measures under Article 50 (1) of the Road Traffic Act, such as aiding the injured person, etc." under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of an accident knows that the injured person was injured by the accident, such as aiding the injured person, leaving the accident site before performing his/her duty under Article 50 (1) of the Road Traffic Act, such as aiding the injured person, and causing the situation where the identity of the person who caused the accident cannot be confirmed. Thus, in order to establish the crime of escape, the result of the ideology must occur. The crime of escape should be established, and the mere danger to life or body is limited, or the "injury" under Article 257 (1) of the Criminal Act cannot be evaluated as an "injury" is no longer necessary to treat the injured person, and thus, it thereby infringing health conditions.

In cases where it is difficult to see the above crime, the above crime is not established (Supreme Court Decision 9Do3910 delivered on February 25, 2000). (2) The court below held that the defendant's vehicle driven was a large bus, the vehicle driven by D was a large bus, and the degree of shock caused by the accident is not significant when considering the degree of damage to the bus, the evidence, such as a medical certificate, etc. of D submitted by the prosecutor, alone, is the accident of this case.