The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall be imposed on the defendant.

1. The court below found the defendant not guilty of the violation of the Road Traffic Act (measures after Accidents) with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case. Of the judgment below, the court below appealed the guilty part on the ground that only the defendant mismisunderstanding of the following facts, misunderstanding of legal principles, and misunderstanding of punishment.

Therefore, the acquittal portion of the judgment of the court below regarding the violation of the Road Traffic Act (the measures not taken after the accident) was transferred to the court in accordance with the indivisible principle of appeal, but it had already been exempted from the object of attack and defense between the parties, and had already been relieved from the object of attack and defense. Therefore, the conclusion of the judgment of the court below on this part is followed.

Ultimately, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles ① The victim suffered injury as stipulated in Article 268 of the Criminal Act by the instant accident.

(2) The victim suffered injury as much as he/she should immediately take relief measures at the time of the instant accident.

It is difficult to see that the defendant was in need of taking measures, such as aiding the victim at the time of the accident.

It is difficult to see the defendant, and 3 The defendant has no intention to commit the crime of escape, since he did not flee, and did not recognize the victim's bodily injury.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 2.5 million) is too unreasonable.

3. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the instant case (i.e., an escape vehicle) constitutes Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act.