The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the degree of injury of a victim at the time of the accident in this case by mistake of facts and misapprehension of legal principles was minor to the extent that it is not necessary to take relief measures, even if the defendant left the accident site without taking relief measures, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (

Nevertheless, the court below which found Defendant guilty erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, in light of the legislative purport of the provision on the aggravated punishment of a fugitive driver as prescribed in Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the protected legal interest thereof, in a case where it is not acknowledged that the accident driver required to take measures under Article 54 (1) of the Road Traffic Act, such as the actual rescue of the victim, etc., even if the accident driver left the place for the accident without taking measures such as aiding the victim, it does not constitute a crime of violation of Article 5-3 (1) of the Road Traffic Act. However, whether it was necessary to take measures such as aiding the victim in fact should be determined by comprehensively taking into account the course and contents of the accident, the victim's age and degree of the injury, and circumstances after the accident. However, in light of Article 54 (1) of the Road Traffic Act grants the person who caused the accident an emergency relief responsibility, it is found that there was no need to take relief

It should be objectively and clearly revealed immediately after the accident that there is no need to take other emergency measures, and only immediately after the accident.