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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the misapprehension of the legal doctrine, the Defendant breached his duty to take relief measures under Article 54(1) of the Road Traffic Act.
However, the judgment of the court below which convicted the defendant of the violation of road traffic law (the measures not taken after the accident) is erroneous, which affected the conclusion of the judgment.
2) The sentence of the lower court that was unfair in sentencing (an amount of KRW 500,00) is too unreasonable.
B. The court below rendered a judgment of not guilty as to the defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, although it can be acknowledged that the victim suffered bodily injury in light of the misunderstanding of the facts or the misunderstanding of the legal principles, the court below erred by misapprehending the legal principles.
2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.
2. 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 to ensure safe and smooth traffic. The measures to be taken by drivers shall be appropriately taken according to specific circumstances, such as the content of the accident and the type and degree of damage, and the degree of such measures shall be taken to the extent normally required in light of a sound form. If a driver who caused the traffic accident leaves the road after immediately driving the vehicle without notifying the victim of his/her personal information or contact details despite his/her restraint, if the driver who caused the traffic accident leaves the site without notifying him/her of his/her personal information or contact details, it is difficult to see that the driver has taken all necessary measures as stipulated in the above Act in that it may cause other traffic risks and obstacles due to the vehicle by driving by the victim who is likely to restrain or drive the vehicle. This is a minor part of the strike caused by the accident.